D & S INVESTMENTS, INC. v. MOUER

No. 12248.

521 S.W.2d 118 (1975)

D & S INVESTMENTS, INC., et al., Appellants, v. Roy W. MOUER, Securities Commissioner of Texas, et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 16, 1975.


Attorney(s) appearing for the Case

Arthur Mitchell, Mitchell, George & Belt, Austin, for appellants.

John L. Hill, Atty. Gen., David W. Pace, Asst. Atty. Gen., Austin, W. R. Sessions, Sessions, Sessions, Neill, Scucchi & Hatch, Dallas, for appellees.


SHANNON, Justice.

The question for decision is whether the district court of Travis County was empowered to entertain a declaratory judgment suit to determine whether or not certain sales of real property by a joint venture arrangement was a security within Vernon's Tex.Rev.Civ.Stat.Ann. Art. 581-1 et seq., commonly called the Securities Act. As we are of the opinion that under the circumstances of this case, the court was without that power, we will affirm the judgment...

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