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UTITZ v. GLUCKMAN

No. 3931.

351 S.W.2d 608 (1961)

J. J. UTITZ, Jr., Appellant, v. William GLUCKMAN et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 30, 1961.

Attorney(s) appearing for the Case

Ernest L. Sample, Beaumont, for appellant.

W. G. Walley, Jr., Beaumont, Alvin Diamond, Houston, for appellees.

WILSON, Justice.

Appeal from order sustaining appellee's plea of privilege. Appellant relies on subdivisions 5 and 13 of Art. 1995, Vernon's Ann.Civ.Stat.

Subd. 13 is not applicable, as appellant's action is not a suit for partition of property; and it may not be converted into such a suit by so denominating it in the controverting plea. Gilbert v. Gilbert, 145 Tex. 114, 195 S.W.2d 936.

Appellant alleged the terms of a 1958 "joint venture agreement...

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