Standard Oil Company of Texas and New Idria Mining & Chemical Company v. J. W. Marshall, D/B/A Marshall Pipe & Supply Company

WISDOM, Circuit Judge.

This appeal from an order dismissing the plaintiffs’ suit turns on the nature of an action of trespass to try title and the characteristics of an oil payment in relation to the indispensability of payees as parties plaintiff in a suit by the mineral lessee for trespass to try title to the leasehold. In this case the joinder of absent payees as indispensable parties would oust the court of jurisdiction based on diversity of citizenship. We hold that the owner of an oil payment is not an indispensable party plaintiff in an action of trespass to try title.

I

The dispute is…