[DOWNLOAD] "Richard F. Loomis & Loomis Land & Cattle Company v. John D. Sharp" by Texarkana the Sixth Court of Civil Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Richard F. Loomis & Loomis Land & Cattle Company v. John D. Sharp
- Author : Texarkana the Sixth Court of Civil Appeals
- Release Date : January 07, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This is a venue case. In 1966 Ilar Osborn and D. D. Wood, owners of the ABC Ranch, executed a letter agreement with appellee John D. Sharp, providing that Sharp was assigned an undivided one-third interest in said ranch. Apparently, no recordable assignment or deed was ever delivered to Sharp, and his interest was therefore not shown of record. Sharp had lived on and worked the ranch for Osborn and Wood for several years prior to the execution of the letter agreement and he continued to do so after its execution. In 1970 or 71, Sharp met R. F. Loomis, Jr., President of Loomis Land & Cattle Company, a corporation headquartered in Dallas. Loomis inquired about purchasing the ranch. Sharp indicated that the purchase could be arranged but stated that he had two partners who needed to be in on any sale. Apparently, Loomis ultimately acquired Osborns and Woods interest in the ranch, but Sharp, not being a record owner, was not included in the transaction. Loomis also purported to purchase all of the cattle and equipment on the ranch, and he took a bill of sale signed by Osborn, describing such personalty, including a 1970 Ford pickup truck which the proof showed was wholly owned by Sharp. Loomis Land & Cattle Company began operations on the ranch with Sharp as foreman. Relations between Loomis and Sharp began to deteriorate, and in February of 1972, Loomis ordered Sharp off the ranch and warned him not to return. In spite of the warning, Sharp did return later in an attempt to regain possession of his pickup, but he found that the locks had been changed on all the gates and he never succeeded in obtaining possession of the truck. Sharp then filed suit against Osborn, Wood and the ABC Ranch. In his petition he alleged that Loomis had actual knowledge of his interest in the ranch, and he sought to impose a constructive crust on the real property. He also sought damages for conversion of the cattle and the farm and ranch equipment. Loomis Land & Cattle Company filed its plea of privilege to be sued in Dallas County. Sharps controverting affidavit alleged that venue in Harrison County was proper under numerous subdivisions of Article 1995, Vernons Tex. Rev. Civ. Stat. Ann., but at the hearing, he relied solely upon the conversion of the pickup truck in Harrison county to sustain venue under subdivision 9.