Union Sulphur Co. v. Texas Gulf Sulphur Co.

HUTCHESON, District Judge.

This is a motion to stay the proceedings in this court because of the pendency of a prior suit bet-tween the same parties in a state court, on the ground that the two suits involve the same res. The controlling facts are:

That the Union Sulphur Company on March 24, 1928, filed in the district court of Wharton county, Tex., against the defendant Gulf Sulphur Company and the Gulf Production Company, the identical defendants named in the bill in this court, a suit involving certain lands in Wharton county, the purpose of which was to have canceled and annulled an oil,…