Davis v. Hill

POPE, Justice.

This is a venue case under Section 5, Article 1995, Vernon’s Ann.Civ.Stats. Roger C. Hill sued Mary Lee Davis Chandler, individually and as executrix of the estate of Floyd R. Purvis. Mrs. Chandler’s husband is joined pro forma. Plaintiff, Hill, alleged a written equipment lease contract by a partnership composed of Floyd Purvis and Mary Lee Davis Chandler. Mrs. Chandler filed her plea of privilege and in it denied the partnership under oath. She filed no plea as executrix. Upon the hearing, plaintiff, Hill, introduced the written contract and rested. The order must be reversed,…