Texas Supreme Court

Edward C. James v. Robert W. Drye

January 14, 1959159 Tex. 321

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the suit is not a recovery of land or damages to land under Subdivision 14 of Article 1995 and therefore venue is proper in Hays County under Subdivision 4, while also affirming the trial court's ruling on the plea of privilege. Justice Smith, in a concurring opinion, disagreed with the majority's characterization of the suit under Subdivision 14 but agreed with the result.