Woodworth v. Rogers

BARROW, Justice.

This is an appeal from an order sustaining a plea of privilege and transferring the cause from Jim Wells County, where the suit was filed, to Duval County, where the land involved is situated. The question presented is whether the primary cause of action alleged by plaintiff is for specific performance of a contract to require defendants to execute a mineral lease, or is one involving land within the provisions of Subd. 14 of Art. 1995, Vernon’s Ann.Civ. Stats. This mandatory exception provides that:

“Lands. — Suits for the recovery of lands or damages thereto, or to .remove…