(DOWNLOAD) "Byrum Haile v. Clyde H. Holtzclaw" by Supreme Court of Texas # eBook PDF Kindle ePub Free

eBook details

Title: Byrum Haile v. Clyde H. Holtzclaw
Author : Supreme Court of Texas
Release Date : January 19, 1967
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

Respondent, Clyde H. Holtzclaw, who claims title to a 1/9th interest in the properties of W.B. and Irene Haile under the will of W. B. Haile, sued petitioners, Byrum Haile, et al., seeking: to set aside a deed and remove cloud from title to his claimed fractional interest in the W. B. Haile lands in Hutchinson County, Texas; an accounting for royalties and rentals allegedly withheld from him by petitioners and for damages. The petitioners, as trustees of the W. B. Haile estate, filed a cross-action in which they asserted that through a mistake of law occasioned by an erroneous legal interpretation of the will of W. B. Haile they paid respondent $36,253.33, which amount they were entitled to recover from him. In the same cross-action the petitioners asked for a declaratory judgment holding that the respondent had no interest, legal or equitable, in the assets of the W. B. Haile estate. The jury found respondent did not have the mental capacity to execute the deed in question and judgment was entered setting it aside. The judgment declared respondent the owner of an undivided 1/9th of the properties of W.B. and Irene Haile under the will of W.B. Haile; awarded respondent damages in the amount of the difference between that actually paid him for the four years preceding the filing of this cause and the amount the trial court decreed should have been paid him for that period; and denied petitioners any relief on their cross-action. The Court of Civil Appeals affirmed the trial courts judgment awarding the respondent an undivided 1/9th interest in the properties; affirmed the award of damages; affirmed the denial of relief sought in the petitioners cross-action; and, reversed and remanded that portion of the courts judgment which had set aside the deed for want of mental capacity. 400 S.W.2d 603.