Legal Opinion · Dissent

Drye v. Eagle Rock Ranch, Inc.

Texas Supreme Court

Decided January 30, 1963No. A-8517Published

1Dissent

SMITH, Justice.

I respectfully dissent. The area of dis.-agreement is primarily narrowed to challenging the Court’s holdings:(1) That the doctrine of equitable estop--pel does not apply; and(2) That the lot owners can not recover because such owners have failed to establish rights in the 1000-acre ranch. The basis for this holding being that the lot owners have failed to bring their case within one of the exceptions to the rules requiring a writing for the creation of rights in land. In other words, the Court is saying ■that the lot owners are barred from a recovery by the statutes of frauds…

2Cases cited26 opinions

  1. Smith v. SwormstedtSupreme Court of the United States · 1854
  2. Weeks v. Bareco Oil Co.Court of Appeals for the Seventh Circuit · 1941
  3. The Texas Co. v. BurkettTexas Supreme Court · 1927
  4. Wolf v. BrassTexas Supreme Court · 1888
  5. Lamar County v. ClementsTexas Supreme Court · 1878

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