Texas Supreme Court
R. D. MacDonald v. Lewis H. Follett
April 19, 1944142 Tex. 616
Summary
The Texas Supreme Court affirmed the Court of Civil Appeals' judgment, holding that a fiduciary relationship of trust and confidence existed between MacDonald and Follett, thereby creating a constructive trust over the overriding royalty interest in the 1938 leases. Because the claim was for equitable title, the four‑year statute of limitations did not bar the action. The trial court's judgment awarding Follett a one‑half interest was therefore affirmed.