Elick v. Schiller

MONTEITH, Chief Justice.

Appellee, Mrs. Olga Schiller, brought this action against appellant, J. J. Elick, to establish a constructive trust in certain oil royalties held by Elick and for judgment against appellant and C. J. Marik for damages for the market value of other royalties assigned to other parties by appellant.

In his answer appellant denied the facts alleged to give rise to a constructive trust in favor of appellee and alleged that appel-lee’s cause of action for damages, if true, were barred by the two-year statute of limitations under Article 5526, Section 4, Revised Civil…