Hyder v. Kraft

DISSENT ON MOTION FOR REHEARING

RENFRO, Justice.

In plaintiff’s petition he alleged that he and defendant made a verbal agreement under the terms of which “the parties hereto agreed to purchase the real property described in the attached Exhibit ‘A’, jointly, or in the words of the defendant ‘together’.”

Further, that defendant purchased the property in his own name and “holds same as trustee for the use and benefit of himself and plaintiff.”

In his prayer he asked for adjudication of his title and partition of the property.

Under Sub. 14 of the venue statute, plaintiff was obligated to prove (1)…