Gates v. Coquat

SMITH, Chief Justice.

This is an appeal from an order sustaining a plea of privilege and changing the venue of this case to Live Oak County, the residence of the defendant, Henderson Coquat. A. E. Gates, the plaintiff, has appealed.

The question presented is whether or not the petition stated a cause of action for the recovery of land under exception 14 of Article 1995, Vernon’s Ann.Civ. Stats.

It has been held that the interest of the cestui que trust under a constructive trust is an equitable title upon which an action in trespass to try title may be maintained. Binford v. Snyder, 144 Tex.…