Skip to main content
· 4/27/1988

Ojeda De Toca v. Wise

Citations

  • 748 S.W.2d 449
  • 31 Tex. Sup. Ct. J. 348
  • 1988 Tex. LEXIS 37
  • 1988 WL 37867

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding record notice does not preclude fraud claim under Deceptive Trade Practices Act
  • “Texas courts have never held that a purchaser’s failure to search the deed records would bar his fraud action against the seller”
  • constructive notice under the real property statutes is not a defense to a buyer’s action asserting DTPA violations and fraud
  • “We conclude instead that the purpose of recording statutes is to protect ‘intending purchasers and encumbrancers . . . against the evils of secret grants and secret liens . . . .’”
  • multiple claims against multiple defendants; some claims only available against some defendants; but all claims based on fraud and misrepresentation and all resulted in one injury to plaintiff – the destruction of her home – one satisfaction rule applied
  • duty to disclose demolition order

Source: CourtListener parenthetical corpus (CC0).

Judges: Kilgarlin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.