HULL v. FITZ-GERALD

No. 6029.

232 S.W.2d 93 (1950)

HULL et al. v. FITZ-GERALD.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied May 8, 1950.


Attorney(s) appearing for the Case

Martin, Moore & Brewster, Fort Worth, Alvin R. Allison, Levelland, for appellants.

Turner, Rodgers, Winn & Scurlock, Dallas, Gerald Fitz-Gerald, Midland, Texas and Lloyd Croslin, Lubbock, for appellee.


LUMPKIN, Justice.

In this suit the plaintiffs, H. Winston Hull and Charles C. Green, seek to recover from the defendant, James Fitz-Gerald, Jr., upon the theory of a constructive trust, an undivided one-half interest in a certain oil and gas lease covering seven tracts of land located in Hockley County, Texas. These tracts are owned by W. T. Coble and hereafter will be referred to as the Coble lands.

After the introduction of plaintiffs' testimony in a trial...

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