Madeley v. Oualline

KEITH, Justice.

The appeal is from an order overruling defendant’s plea of privilege to be sued in Montgomery County. Oualline brought suit against Madeley to compel specific performance of an alleged contract to convey certain real property situated in Harris County. Madeley’s plea of privilege, in proper form, was duly filed and was controverted by plaintiff, who incorporated his original petition therein by reference and swore that the allegations therein were true. He relied upon exception 14 to sustain venue in Harris County.

Thereafter, and before the hearing on the plea of privilege,…