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- Chapter 9 Miscellaneous Business Causes of Action — Business Causes of Action Expressly not Recognized in Texas
Chapter 9-4 Conversion of Real Property
Jurisdiction | United States |
9-4 Conversion of Real Property
9-4:1 Overview
A defendant converts personal property when he exercises an unlawful control and dominion over that property to the exclusion of and inconsistent with the property's rightful possessor.20 However, Texas courts have clearly stated that an action only lies when the defendant converts personal property.21
9-4:1.1 Related Causes of Action
Oil and Gas Litigation: Conversion, Business Tort Litigation: Conversion, Trespass to Real Property
MUST READ CASES
Cage Bros. v. Whiteman, 163 S.W.2d 638 (Tex. Comm'n App. 1942)
Lucio v. John G. & Marie Stella Kenedy Mem'l Found., 298 S.W.3d 663 (Tex. App.— Corpus Christi 2009, pet. denied)
9-4:2 Expressly Rejected in Texas
The Texas Commission of Appeals impliedly rejected a cause of action for conversion of real property.22 Recent courts of appeals decisions have expressly rejected such a cause of action.23 The correct cause of action to bring in such a situation is a trespass to real property cause of action.24 Some minerals, once removed from the mineral estate, become personal property and may be converted.25
18 Morgan Stanley & Co., Inc. v. Tex. Oil Co., 958 S.W.2d 178, 179 (Tex. 1997) ("[A] person must be a stranger to a contract to tortiously interfere with it."); Prudential Ins. Co. of America v. Financial Review Servs., Inc., 29 S.W.3d 74, 79 (Tex. 2000)
19 E.g., San Saba Energy, L.P. v. McCord, 167 S.W.3d 67, 73 (Tex. App.—Waco 2005, pet. denied); Grizzle v. Tex. Commerce Bank, N.A., 38 S.W.3d 265, 284-85 (Tex. App.—Dallas 2001), rev'd in part on other grounds, 96 S.W.3d 240 (Tex. 2002); Deaton v. United Mobile Networks, L.P., 926 S.W.2d 756, 760-61 (Tex. App.—Texarkana 1996), rev'd on other grounds, 939 S.W.2d 146 (Tex. 1997); MMR Int'l Ltd. v. Waller Marine, Ltd., No. H-11-1188, 2013 WL 3864271 (S.D. Tex. 2013).
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Notes:
[20] Smith v. Maximum Racing, Inc., 136 S.W.3d 337, 341 (Tex. App.—Austin 2004, no pet.).
[21] E.g., Cage Bros. v. Whiteman, 139 Tex. 522, 526, 163 S.W.2d 638, 641 (Tex. [Comm'n Op.] 1942); Lucio v. John G. & Marie Stella Kenedy Mem'l Found., 298 S.W.3d 663, 672 (Tex. App.—Corpus Christi 2009, pet. denied); Lighthouse Church of Cloverleaf v. Tex. Bank, 889 S.W.2d 595, 599 n.4 (Tex. App.—Houston [14th Dist.] 1994, writ denied).
[22] Cage Bros. v. Whiteman, 163 S.W.2d 638, 641 (Tex. Comm'n App. 1942).
[23] E.g., Lucio v.John G. & Marie Stella Kenedy Meml Found., 298 S.W.3d 663, 672 (Tex. App.— Corpus Christi 2009, pet. denied); Lighthouse Church...
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- Chapter 9 Miscellaneous Business Causes of Action — Business Causes of Action Expressly not Recognized in Texas
- Chapter 9-1 Action Against Opposing Attorney
- Chapter 9-2 Confession of Judgment in Pre-Suit Instrument
- Chapter 9-3 Conspiracy to Breach Contract
- Chapter 9-4 Conversion of Real Property
- Chapter 9-5 Detrimental Reliance as Independent Tort Claim
- Chapter 9-6 Embracery (Jury Tampering)
- Chapter 9-7 Common Law Shareholder Oppression
- Chapter 9-8 Grossly Negligent Inducement of Contract
- Chapter 9-9 Invasion of Privacy (False Light)
- Chapter 9-10 Negligent Defense of Insured by Insurer
- Chapter 9-11 Negligent Infliction of Emotional Distress
- Chapter 9-12 Negligent Investigation of Employee Misconduct
- Chapter 9-13 Liability of Successor for Tortious Conduct of Predecessor
- Chapter 9-14 Wrongful Expulsion of Whistleblowing Partner
- Chapter 9-15 Perjury
- Chapter 9-16 Prima Facie Tort
- Chapter 9-17 Retaliatory Discharge for Perception of Participation in Protected Activity
- Chapter 9-18 Retaliatory Discharge for Protected Act of Third Party
- Chapter 9-19 Spoliation of Evidence
- Chapter 9-20 Tortious Interference with Fiduciary Duty
- Chapter 9-21 Breach of Implied Warranty of Professional Services
- Chapter 9-22 Whistleblower Action: Protection of Private Sector Employee
- Chapter 9-23 Oil and Gas Litigation—Implied Covenant to Further Explore
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