Madison v. Harper

DENTON, Chief Justice.

This is an appeal from an order overruling the defendant’s plea of privilege. John L. Harper filed suit against E. P. Madison in Deaf Smith County, Texas, for damages for alleged fraud in connection with the sale of land by Madison to Harper. Madison filed a plea of privilege to be sued in Martin County, Texas, his legal residence. Harper’s controverting affidavit seeks to maintain the suit in Deaf Smith County under Subsection 7, Article 1995, Vernon’s Ann.Civ.St., the subsection which provides that suit may be brought in the county where the fraud was committed. The…