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# ORIGINAL

06-15-00005-CV
IN THE COURT OF APPEALS

STATE OF TEXAS
TheTremble Family, Billie MurphyTremble, SharonTremble Donaldson, Selia Tremble Shawkey, Wilmer ForrestTremble, Jr. The Estate ofWilmer ForrestTremble, Sr. Appeilant(s) LuminantMining Company LLC, Energy Future Holdings Corporation and Subsidiaries

Appellee

APPELLANTS' OPENING BRIEF

TheTremble Family: Appeal from theJudgment Rusk County District CourtofTexas Date December 16, 2014 Laury Mark, Deputy

Billie MurphyTremble P.O. Box 541 Marshall, Texas 75671 billietremble@yahoo.com 903.938.6829Sharon Tremble Donaldson 2010Wineberry Drive Katy, Texas 77450 donaldson__sharon@live.com 281.206.8400 Selia Tremble Shawkey 

### 712 South 37thSt. San Diego, California 92113 seliashawkey@gmail.com 619.454.8123 Wilmer ForrestTremble, Jr P.O. Box 841865 Pearland, Texas 77584 trem455@vahoo.com 281.384.8491TABLE OF CONTENTS

INDEX OF AUTHORITIES 6

STATEMENT OF THE CASE 4 Nature ofAction Sought
STATEMENT OF FACTS 4,5
SUMMARY OF ARGUMENT 5, 6
PRAYER 7
ISSUES PRESENTED 3 Questions Presented on Appeal: 

### I. Whetherthe Appellant(s) were denied theirconstitutional and civil 

### rights underthe Uniform Partition of HeirsPropertyAct(UPHPA)? II. Didthe district court errinthe signing ofFinalJudgmentwithoutan open hearing to considerthe evidence? III. Whetheror not selective exclusion omitted the appellant(s) from any of the decision making processes? IV. Was there an errorinthe auctioning ofundivided inherited heir property?STATEMENT OF THE CASE Nature ofAction Sought The Uniform Partition of Heirs Property Act (UPHPA) states: Any Co-tenant (except the co-tenant(s) requesting partition by sale may buy the interest of the co-tenant(s) seeking partition for a proportional share ofthe court determined fair market value. The co-tenants have 45 days to exercise the right of first refusal, and ifexercised, another 60 days to arrange for financing. Ifmore than one co-tenant elects to buy the shares ofco-tenant(s) seeking partition, the court will pro-rate the sellers shares among the buyer according to their existing fractional ownership percentages. eHow; how to Partition Undivided Ownership. This option was neveroffered to the Appellant(s). The Appellant(s) filed suit December 2014 disputing the possession of their undivided inherited heir property; the support is as follows: We are raising a 

### genuine issue of material fact. All information recorded in Rusk County Clerk's Office pertaining to the land, interest, appraisal ofthe house was not known to the Appeilant(s) until December 2013. Nottingham Brick & Title Company v. Butler (1889) 16QBD 778. We by law did not and were not privy to pertinent information. Smith v. Baker, 380 S.W.2d 725. The Trial Courtgranted defendant's Motion for SummaryJudgment and degreed defendanttitle and possession ofthe land in controversy: and overruled plaintiffs' Motion forSummaryJudgment. The Appellant(s) Summary Judgment was issued resulting in a closed civil trial. The court issued a Final Judgment in favor ofLuminant Mining Company, LLC, and the auction ofthe propertywas signed on December 16, 2014.STATEMENT OF FACT 

### The Appellant(s) filed a suit December 12, 2014 alleging Appellee has 100% ownership claim in their undivided, inherited, heir property. The documents are 

### filed inthe Rusk County Clerk's Office, Rusk County Appraisal District and inthe Court House in Rusk County, Texas (Refer to Rusk County Appraisal District 

### record). The deeding was on December 16, 2010 for 37.46 (33.094) acres originally owned by Emma Barr Pollard; 65 acres originally owned by W. M. Pollard; 25.326 acres originally owned by Betsy Barr Strong that acreage was deeded on December 21, 2010. Allthe 128.46 acres more or less were deeded by Emma Jean Trimble Smith aka Emma Jean Tremble Smith signed a Cash Warranty 

### Deed on December 13, 2010 (Refer to CashWarranty Deed) that was notarized 

### by Russell Davis, contract Landman for Luminant Mining Company, LLc. (referto Affidavit of Heirship). TD/B/C.2/AC.l/7p.ll para.9. Smith v. Land & House Property Corp. (1884) 28 Ch.D7. However, wherethe person givingthe statement was in a position to know the true facts and it can be proved that he could not 

### reasonably have held such a view as a result, then his opinion will betreated as a statement offact. The Traditional Most Favoured Nations principle is designed to 

### establish equity intreatment. Ms Smith is not nor has she everbeenthe Executor ofthe Estate, Administrator, nor Trustee. The possession ofthe heir property by 

### the Appellee includes: the land, minerals, homestead-its contents, barn-its contents, cattle, timber, chicken coop, lakes, wells, etc., this formerly vibrant property now sits in ruin surrounded by debris.

SUMMARY OF THE ARGUMENT 

### This is an action seeking declaratory judgment for civil and constitutional 

### infringement, unfair business practices, tortuous interference, deliberate and unlawful conduct, namely: Since 2009 seeking to possess undivided inherited, heir, property. The relief sought isthe return ofthe property and loss of income.
5Tex.rcv tex.RTD.p.166. We by law were not privy to pertinent information from the Appellee. ErikL. Collins & Gretchen M. Smith, Awards of Damages ofMental 

### Anguish Without ProofofHarm to Reputation. Any misrepresentation is grounds for rescission. Museprime Properties v. Adhill Properties [1990] 36 EG 114. In Smith v. Land & House Property Corp. (1884) 28 Ch.D7. However where the 

### person givingthe statementwas in a positionto know the truefacts and it can be proved that he could not reasonably have held such a view as a result, then his opinion will be treated as a statementoffact.
The natural facts are relatively simple as a result of this long ordeal, the 

### Appellant(s) lost and were deprived of great gains and profit which would otherwise have accrued to them, ie. cutting timber, cattle grazing, renting the house, etc. as a direct result of the documents filed in the Rusk County Court House in Rusk County, Texas.

INDEX OF AUTHORITIES

CASES: ErikL. Collins &Gretchen M. Smith, Awards ofDamages ofMental Anguish Without ProofofHarm to Reputation 5 Museprime Properties v. Adhill Properties [1990] 36 EG 114 5 Nottingham Brick &Title Companyv. Butler (1889) 16QBD 778 4 Smith v. Baker, 380 S.W.2d 725 4 Smith v. Land &House Property Corp. (1884) 28 Ch.D7 5 Tex.rcvtex.RTD.p.166 5ACT: Uniform Partition ofHeirs Property Act.
OTHER DOCUMENTS: AffidavitofHeirship 5 Cash Warranty Deed 5 Final Judgment 4 Most Favoured Nations Principle 5 Rusk CountyAppraisal District 5

PRAYER: 

### It is our prayer that the Honorable Court will come to our rescue and not allow our undivided inherited property to become a statistic of African American inherited land taken by force. All these things are evident of a denial ofjustice 

### and civil rights. Adeclaration that the acts of omission described herein violated Appellant(s) rights under the Constitution and laws of the United States. Our coveted Declaration of Independence says, "We hold these truths to be self evident, that all men are created equal..."The Virginia Declaration of Rights, authored by George Mason and approved by the Virginia Convention on June 12, 1776, contains the following: all men are by nature equallyfree and independent, 

### and have certain inherent rights of life, liberty, which mean of acquiring and possessing property, and pursuing and obtaining happiness and safety." However, minorities have systematically been denied their land rights. Ownership of land has always been deemed a valuable economic resource that is and has been in many cases taken by violence, legal exploitation, and trickery. It is our fervent

### prayerthis landwill remain in ourfamily for generations to come and thatwe will be compensated for the loss of income due to the documents that are filed in 

### Rusk County Court House, Rusk County, Texas. We the members ofthe Tremble Familythrow ourselves on the mercyofthe court. Amen.