Supreme Court Sets Oral Arguments on Property and Real Estate Related Cases

gavelOn October 9, 2015, the Supreme Court sent notice that the following cases with some relation ship to real estate or property are set for oral argument (summaries taken from The Texas Supreme Court Advisory, written by the Supreme Court’s wonderful Staff Attorney, Osler McCarthy

No. 14-0714, Alice M. Wood and Daniel L. Wood v. HSBC Bank USA, N.A., and Ocwen Loan Servicing L.L.C., from Fort Bend County and Houston’s 14th Court of Appeals
Oral argument set December 8
In this challenge to void a home-equity loan for constitutional defects, and to recover principal and interest, the issue is whether the borrowers’ notice eight years later that the loan did not comply with constitutional requirements voids the loan or makes it voidable and subject to a four-year limitations.).
Docket and briefs

No. 14-0984 Madelon Hysaw, et al. v. Bretton Guy Dawkins, et al., from Karnes County and the San Antonio Court of Appeals
Oral argument set December 8
The issue is whether devise of a “double-fraction royalty” was a “fixed” fractional royalty or a “floating” fraction of royalty – that is, in this case, whether an undivided one-third of an undivided one-eighth royalty entitles descendants who took fee-simple bequests in separate tracts but mineral rights in all to share a one-third royalty equally or to take a 1/24th royalty from production on the other tracts.
Docket and briefs

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