(DOWNLOAD) "Texan Development Co. Et Al. v. Hodges" by Amarillo Court of Civil Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Texan Development Co. Et Al. v. Hodges
- Author : Amarillo Court of Civil Appeals of Texas
- Release Date : January 05, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is a venue suit in which appellees, J. A. Hodges and wife Helen Hodges, filed suit in Lubbock County against appellants, Texan Development Company, a corporation, and Texan Care Company, a corporation, alleging several counts, including trespass to try title and damages, to remove cloud and quiet title, for cancellation of a purported executory contract obtained through fraud and for the cancellation of a purported contract contingent upon the other counts alleged. Each appellant filed its plea of privilege to be sued in Hidalgo County, where they each reside and have a principal office for transacting business. Appellee seasonably filed and presented their verified controverting plea to both pleas of privilege wherein they asserted that the allegations in their amended original petition were true, making such petition a part thereof, and alleged that the suit is for the recovery of lands that lie wholly in Lubbock County, to remove encumbrances upon the title of their said land by reason of adverse claims thereto asserted by appellants and to quiet the title in and to their said land, all within the meaning of Section 14, Article 1995, Vernons Annotated Texas Civil Statutes. Upon a hearing of the venue issues alone thus joined before the trial court without a jury, appellees, in order to prove the nature of their suit, introduced in evidence their original petition, their amended original petition and their controverting affidavit. It was agreed between the parties that the land described in appellees pleadings was situated in Lubbock County; that the letters constituting the purported executory contract had not been recorded in Lubbock County and that the defendants had not been in actual occupancy or actual possession of the land in question. As a result of the hearing the trial court overruled each plea of privilege and appellants have perfected their appeals contending that such action was error.
 "Texan Development Co. Et Al. v. Hodges" by Amarillo Court of Civil Appeals of Texas * Book PDF Kindle ePub Free){kind=link}