Wise v. Estabrook, B--4560
| Decision Date | 06 November 1974 |
| Docket Number | No. B--4560,B--4560 |
| Citation | 519 S.W.2d 632 |
| Parties | Watson W. WISE, Petitioner, v. Louise Orr ESTABROOK, Respondent. |
| Court | Texas Supreme Court |
Ramey, Flock, Hutchins, Grainger & Jeffus, Jack W. Flock and Mike A. Hatchell, Tyler, for petitioner.
Johnson, Hathaway & Jackson, Thomas Hathaway, Tyler, Tex., for respondent.
The opinion of the Court of Civil Appeals is reported in 506 S.W.2d 248.
The parties have filed in this Court a joint motion to dismiss. That motion recites that Petitioner Watson Wise no longer wishes to pursue his appeal to this Court, and that both parties 'are agreeable to this cause of action being filed in the States where the real property interests at issue are situated.'
Accordingly, it is directed that the judgments of the courts below are set aside, and the cause is dismissed as moot. Gallegos v. Gulf Coast Investment Corporation, 491 S.W.2d 659 (Tex.1973).
The parties have also agreed as to the costs of appeal. They shall be so taxed. All costs of appeal incurred in the Court of Civil Appeals, including preparation of the record and fees for filing the case in that Court, are to be taxed against Louise Orr Estabrook, and all costs incurred by virtue of prosecuting Petitioner's Application for Writ of Error in this Court are to be taxed against Watson W. Wise.
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Keller v. Millice
...found in Gay is the case of Estabrook v. Wise, 506 S.W.2d 248 (Tex.Civ.App. — Tyler 1974, writ ref'd n.r.e.), vacated as moot, 519 S.W.2d 632 (Tex.1974). In Estabrook, a former wife was suing her former husband over a one-half mineral interest in property located in another state that was a......
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Elamex v. , Elamex USA, Corp.
...863 S.W.2d at 766;Estabrook v. Wise, 506 S.W.2d 248, 249, 253 (Tex.Civ.App.-Tyler 1974, writ ref'd n.r.e.), vacated as moot,519 S.W.2d 632 (Tex.1974). A lawsuit involves the adjudication of title to real property if title is not involved in a merely incidental or collateral way, but is actu......
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Greenpeace, Inc. v. Exxon Mobil Corp.
...doing, certain acts which indirectly affect it. See Estabrook v. Wise, 506 S.W.2d 248, 253 (Tex.App.-Tyler 1974), dism'd by agr., 519 S.W.2d 632 (Tex.1974)(citing Gay, 26 S.W. at 605). But when the suit is strictly local, the subject matter is specific property, and the relief when granted ......
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