Umbaugh v. Miers, 12522

• Decision Date: 11 March 1953
• Docket Number: No. 12522,12522
• Citation: 256 S.W.2d 660
• Parties: UMBAUGH v. MIERS et al.
• Court: Texas Court of Appeals

Page 660

256 S.W.2d 660

UMBAUGH v. MIERS et al.

No. 12522.

Court of Civil Appeals of Texas, San Antonio.

March 11, 1953.

Rehearing Denied April 8, 1953.

Brian Montague, Del Rio, Frank R. Williams, San Antonio, for appellant.

Morriss, Morriss, Boatwright & Lewis, San Antonio, for appellees.

NORVELL, Justice.

This is an appeal from an order sustaining the pleas of privilege of W. L. Miers and Curtis E. Norman and directing that the case be transferred to Edwards County where they reside.

Appellant, Raymond E. Umbaugh, plaintiff below, relies upon exception 14 of Article 1995, Vernon's Ann.Civ.Tex.Stats., which relates to suits for the recovery of lands. The venue facts under this subdivision or exception are the location of the land and the nature of the suit as disclosed by the petition. The land is located in Bexar County, where the suit was filed, and is referred to in the briefs as the Brooks property. In his prayer to the petition, appellant prays 'for judgment divesting out of the defendants, W. L. Miers and Curtis E. Norman, and vesting in this plaintiff, title to an undivided 1/3 interest in the Brooks property, etc.' An inspection of the petition in its entirety, however, disclosed that the basis of this claim is an executory contract between Umbaugh and Miers, which was allegedly breached by the latter. It is alleged that the Brooks property was purchased by Miers under somne financial arrangement with Norman, whereby the legal title to the property was taken in Norman's name; that Miers and Umbaugh, having theretofore had business relations, agreed that Umbaugh would work for Miers in a supervisory capacity in operating the Brooks...