Kerlin v. Arias

This is another suit claiming title to a substantial part of Padre Island. Unlike our recent case concerning heirs of Juan Jose Balli, see Kerlin v. Sauceda, 263 S.W.3d 920 (Tex.2008), this one was brought by heirs of his nephew, Jesus Balli. The heirs seek to set aside an 1847 deed (and thus all sales in the ensuing 161 years) on the basis of fraud. The trial court granted summary judgment against the heirs, but the court of appeals reversed. 275 S.W.3d 1. As the only evidence of fraud in 1847 is an affidavit by one of the current heirs — who could not possibly have personal knowledge of…