Smith v. Mitchell

BROWN, Justice.

This suit involves only the right of appellant, Sim Smith, to be sued in the county of his residence — Fannin.

Appellee, G. L. (Stogie) Mitchell, brought suit in the district court of Cooke County against appellant, the petition containing two counts.

In the first count plaintiff seeks to recover title to an undivided one-half interest in a certain city lot, in the City of Gainesville, together with the improvements placed thereon, and the allegations are such that they raise the issue of a constructive trust by reason of an alleged agreement had between the parties prior to the…