Legal Opinion · Concurrence

Canales v. Estate of Canales

Texas Court of Appeals, 4th District (San Antonio)

Decided November 30, 1984No. 04-83-00316-CVPublished

1ConcurrenceCadena, Chief Justice

While I agree that the judgment below should be affirmed, I cannot join in the conclusion that “the alleged actions of conversion and breach of contract and ... the impression of a constructive trust on the funds ” constitute “the primary and principal right asserted in” plaintiffs’ suit and that “the pleadings for recovery of title to royalty interests, although couched in terms of a trespass to try title suit,” are “ancillary and a method for asserting a claim to royalty interests in land.” Anglo Exploration Corp. v. Grayshon, 577 S.W.2d 742 (Tex.Civ.App.—San Antonio 1979, writ ref’d…

2Cases cited3 opinions

  1. Batex Oil Company v. La Brisa Land and Cattle Co.Court of Appeals of Texas · 1961
  2. Anglo Exploration Corp. v. GrayshonCourt of Appeals of Texas · 1979
  3. Rhoades v. MeyerCourt of Appeals of Texas · 1967

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