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HICKS v. HICKS

No. 3990.

395 S.W.2d 400 (1965)

W. W. HICKS et ux., Appellants, v. O. L. HICKS, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 29, 1965.

Attorney(s) appearing for the Case

John A. Menefee, Rankin, for appellants.

Bradbury, Tippen, Brown & Clement and Bryan Bradbury, Abilene, for appellee.

GRISSOM, Chief Justice.

O. L. Hicks sued W. W. Hicks and wife in Taylor County. The defendants filed pleas of privilege to be sued in Upton County, where they reside. Their pleas of privilege were overruled and they have appealed.

The pleas of privilege were overruled upon the theory that plaintiff's suit was for the recovery of lands or damage thereto within the meaning of exception 14, Article 1995, Vernon's Ann.Civ.St. It was brought in the county in which...

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