Henson v. Henson

McClendon, chief justice.

Appeal from an interlocutory order overruling a plea of privilege to change the venue to Gaines County, that of defendant’s residence.

In the controverting affidavit to the plea plaintiffs claimed the venue was properly laid in Tom Green County under Art. 1995, Vernon’s Ann.Civ.St. Subds. 5 (contract in writing to be performed in Tom Green County) and 7 (“In all cases of fraud”). In their brief, however, they appear to have abandoned these grounds, and rely solely upon Subd. 9 (trespass), asserting a conversion of personal property in Tom Green County.

Plaintiffs were…