C. V. Wynn et al. v. State of Texas

Summary

The Texas Court of Civil Appeals considered whether venue was proper in Travis County for the State's fraud and rescission action involving land located in Maverick County. The court held that the plaintiff failed to prove fraud committed in Travis County and that the suit affected title to land, requiring transfer to Maverick County under subdivision 14 of Article 1995.

Holdings

1. The State failed to prove that either H. S. Lebman or Minnie Lebman committed fraud in Travis County; merely showing that fraud occurred, without proving where it occurred, was insufficient to establish venue under subdivision 7.
2. The action affected title to land located in Maverick County, making subdivision 14 controlling and requiring trial in Maverick County when a necessary defendant properly objected to venue elsewhere.

Questions Presented

1. Whether the State proved that the Lebmans committed fraud in Travis County so that venue could be maintained there under subdivision 7 of Article 1995.
2. Whether the action was one affecting title to land in Maverick County and therefore subject to mandatory venue in that county under subdivision 14 of Article 1995.
3. Whether the trial court erred in overruling the Lebmans' pleas of privilege.

Disposition

reversed_and_remanded