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KERLIN v. ARIAS

No. 06-0097.

274 S.W.3d 666 (2008)

Gilbert KERLIN, Individually, Gilbert Kerlin, Trustee, Windward Oil & Gas Corp., and PI Corp, Petitioners, v. Gloria Soto ARIAS, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied February 13, 2009.

Attorney(s) appearing for the Case

Claudia Wilson Frost, Jeremy J. Gaston, Pillsbury Withrop Shaw Pittman LLP, M. Steve Smith, M. Steve Smith & Associates, Houston, TX, Andrew L. Frey, Mayer Brown LLP, New York, NY, Horacio L. Barrera, Martinez & Barrera, L.L.P., Brownsville, TX, Russell H. McMains, Law Offices of Russell H. McMains, Corpus Christi, TX, for Petitioner.

Von H. Shelton, Attorney at Law, Angleton, TX, for Respondent.

PER CURIAM.

This is another suit claiming title to a substantial part of Padre Island. Unlike our recent case concerning heirs of Juan Jose Balli, see Kerlin v. Sauceda, 263 S.W.3d 920 (Tex.2008), this one was brought by heirs of his nephew, Jesus Balli. The heirs seek to set aside an 1847 deed (and thus all sales in the ensuing 161 years) on the basis of fraud. The trial court granted summary judgment against the heirs,...

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