W. O. Hilton, and Wife, Malvirin Hilton v. The Atlantic Refining Company

HUTCHESON, Circuit Judge:

This is an appeal from a ruling denying plaintiffs-appellants’ motion to remand to the state court. The motion was based on the theory that there are certain indispensable parties, citizens of Texas, who could and, therefore, must be joined as parties defendant and whose joinder would destroy diversity and, therefore, the jurisdiction of the federal court.

Appellants, Texas residents, filed suit in a Texas district court, naming it a suit for removal of a cloud on their title to a certain eighty acres.

While denominated a suit to remove cloud, the claim of plaintiffs’…