Ratner v. Powers

BRADBURY, Justice.

This is a venue case. Plaintiffs, Lee Rat-ner and John Zuro, individually and d/b/a The Grant Company, sued defendants, Elliott H. Powers, J. F. Freel, Sioux Natural Gas Corporation and Sioux Pipeline Corporation, in trespass to try title in Comanche County. Defendants’ plea of privilege seeking to remove the case to Harris County was sustained. Plaintiffs have appealed and we affirm.

Plaintiffs relied on Article 1995, Subdivision 14, V.A.C.S., to maintain venue in Comanche County. Defendants contend that plaintiffs waived their right to maintain this suit in Comanche County.…