Supreme Court of Texas
Kerlin v. Arias, 06-0097
In a suit over title to portions of Padre Island, in which heirs sought to set aside an 1847 deed on the basis of fraud, reversal of summary judgment for the heirs is reversed where the only evidence of fraud submitted by the heirs was the affidavit of a current heir, which could not reflect personal knowledge of a fraud alleged to have occurred in 1847.
Appellate Information
- Decided 11/14/2008
- Published 11/14/2008
Judges
- PER CURIAM.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- 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.
- For Appellees:
- Von H. Shelton, Attorney at Law, Angleton, TX, for Respondent.