Schiller v. Elick

The parties will be referred to as in the tiral court. The facts are stated in detail in the opinion of the Court of Civil Appeals in 235 S. W. 2d 494.

Plaintiff sues to impose a constructive trust on a 1/4 non participating mineral interest under land she and her husband sold and to recover damages for that portion of the disputed minerals in the hands of innocent purchasers. She alleges that defendant J. J. Elick acted in the sales transaction as agent and fiduciary for her husband (now deceased) and fraudulently procured the disputed minerals. She and her husband deeded their farm to him.…