Perry v. Cartwright v. Lillian Minton Et Al‪.‬

In this case Lillian Minton sought to cancel a quitclaim deed which she executed on May 3, 1950, to Perry V. Cartwright conveying to him her undivided interest in approximately 7,975.02 acres of land in Knox, Baylor and Brewster Counties. Mrs. Margaret Flesher and her husband sought to cancel a quitclaim deed which they executed to Perry V. Cartwright on May 3, 1950, to their undivided interest in approximately 7,975.02 acres of land in Knox, Baylor and Brewster Counties. Mrs. Minton and the Fleshers contended there was a fiduciary relationship between them and Cartwright in that Cartwright was the duly appointed, qualified and acting independent executor under the will of Thomas J. Cartwright, deceased, and that they were residuary beneficiaries under said will to the land they conveyed. They also contended that Cartwright made fraudulent representations to them which induced them to sign the deeds. Cartwright pleaded that no fiduciary relationship existed; that he made no misrepresentations and that Mrs. Minton and the Fleshers had voluntarily executed the deeds and were estopped to question his title. He also pleaded the two and four year statutes of limitation, Vernons Ann.Civ.St. arts. 5526, 5529 and adverse possession under the three, five, ten and twenty-five year statutes of limitation, Vernons Ann.Civ.St. arts. 5507, 5509, 5510, 5519.