ELICK v. SCHILLER

No. 12213.

235 S.W.2d 494 (1950)

ELICK v. SCHILLER.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied December 7, 1950.


Attorney(s) appearing for the Case

W. I. Hill of Bellville, and Price, Guinn & Wheat, of Houston (J. V. Wheat and O. J. Cadwallader, Jr., of Houston, of counsel), for appellant.

C. G. Krueger, Charles L. Krueger of Austin, and C. D. Duncan, of Bellville, for appellee.


MONTEITH, Chief Justice.

Appellee, Mrs. Olga Schiller, brought this action against appellant, J. J. Elick, to establish a constructive trust in certain oil royalties held by Elick and for judgment against appellant and C. J. Marik for damages for the market value of other royalties assigned to other parties by appellant.

In his answer appellant denied the facts alleged to give rise to a constructive trust in favor of appellee and alleged that appellee's cause...

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