HUMPHREY v. C.G. JUNG EDUCATIONAL CTR. OF HOUSTON

No. 83-2127 Summary Calendar.

714 F.2d 477 (1983)

Robert K. HUMPHREY, Individually and as Executor of the Estate of Blanche Meyer Humphrey, Marjorie Hunter Humphrey and Elizabeth Humphrey Murphy, Plaintiffs-Appellants, v. The C.G. JUNG EDUCATIONAL CENTER OF HOUSTON, TEXAS, Carolyn Grant Fay and Archway Galleries, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 12, 1983.


Attorney(s) appearing for the Case

Woodard, Hall & Primm, Roger R. Wright, Jr., Houston, Tex., for plaintiffs-appellants.

Hutcheson & Grundy, Thomas T. Hutcheson, Eugene J. Pitman, Houston, Tex., for defendants-appellees.

Before BROWN, REAVLEY and JOLLY, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

Very rarely does a Texas trespass to try a title suit disturb the collective consciousness of this court. As diversity jurisdiction sometimes manifests itself in unusual ways, however, we consider such a suit today. By interpreting past decisions, we must probe the psyche of the Texas courts to determine whether those courts would enforce the deed clause in question as a condition subsequent with right of re-entry, and so allow the plaintiffs...

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