Ransopher v. Deer Trails, Ltd.

OPINION

COHEN, Justice.

This is an appeal from the district court’s order cancelling appellant’s notice of lis pendens, pursuant to Tex.Rev.Civ.Stat.Ann. art. 6643a.

Appellant filed suit to impose a constructive trust upon a 132 acre parcel of land in which he claimed a 25% undivided interest. He asserted that the land had been sold to appellee, Deer Trails, Ltd., in violation of the Texas Trust Act. On September 25, 1981, the same day he filed the suit, appellant filed a notice of lis pendens in the official records of the County Clerk of Harris County, Texas.

Appellee responded with a motion…