HUTCHESON, Circuit Judge.
The suit, in form to try the title to 1884.45 acres of land in Colorado County, Tex., was brought to recover an undivided one-half interest in the minerals thereunder.
The claim in general was that plaintiff had become the owner of them by deed from one John D. Herder, dated November 1, 1940, but that defendants were wrongfully claiming that through and under two purported deeds from Herder, dated November
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