Langdeau v. Burke Investment Company

The San Antonio Court of Civil Appeals has held that the venue of an action in trespass to try title against the receiver of an insurance company is governed by Exception 14 of Article 1995, Vernon’s Ann. Texas Civ. Stat., rather than by Section 4(f) of Article 21.28, V.A.T.S. Insurance Code. 1 351 S.W. 2d 287. We have jurisdiction under Subdivision 2 of Article 1728, because such holding is in conflict with the decision of the Austin Court of Civil Appeals in Bennett v. Langdeau, 348 S.W. 2d 179.

It is well settled that Exception 14 2 is mandatory where the privilege is properly claimed by…