Courts of Appeals at Odds Over Which Statute Prevails as Between Mandatory Venue for Actions Against Trustees and Mandatory Venue for Title Suits

摘要

J.P. Morgan Chase Bank, N.A., as trustee of the Red Crest Trust, executed an oil and gas lease on land in Karnes County, Texas, to Orca Assets, G.P., L.L.C. (Orca). Petrohawk Properties, LP (Petrohawk), contending it held valid leases acquired from another on the same minerals, filed suit against the bank, as trustee, and against Orca for declaratory relief, trespass to try title, and quiet title. The trial court denied the trustee bank's motion to transfer venue to Tarrant County, where it administered the trust. The court of appeals, mlnreJ.P. Morgan Chase Bank, N.A., No. 04-12-00007-CV, 2012 WL 1194410 (Tex. App.—San Antonio Apr. 11,2012, orig. proceeding, pet. filed), conditionally granted mandamus directing the requested transfer of venue.