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GINTHER v. TAUB

No. C-1218.

675 S.W.2d 724 (1984)

Wilbur L. GINTHER et al., Petitioners, v. Henry J.N. TAUB, Respondent.

Supreme Court of Texas.

Rehearing Denied October 3, 1984.

Attorney(s) appearing for the Case

Baker & Botts, Thomas M. Phillips and Louis L. Bagwell, Houston, Mann, Dickinson & Saldana, Lawrence A. Mann, Laredo, for petitioners.

Liddell, Sapp, Zivley, Brown & LaBoon, W. Robert Brown, Sheinfeld, Maley & Kay, Joyce Cox and Sam Levy, Houston, Oscar Pena, Laredo, for respondent.

CAMPBELL, Justice.

This is a suit to impose a constructive trust on an oil and gas lease and to collect actual and exemplary damages. Wilbur Ginther and Howard Warren sued Henry Taub and William MacNaughton. They alleged as one ground of recovery the narrow constructive trust exception to the rule that land titles may not rest in parol. This rule applies when an abuse of an existing confidential relationship is established by "strict proof of a prior confidential...

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