RECEIVED IN Tha Court of Appeals Sixth District 

### MAY f<$ 2015 Texarkana, Texas * Debra A'jtrey, Clerk 

# ORIGINAL

06-15-00006-CV
IN THE COURT OFAPPEALS

STATE OF TEXAS

TheTremble Family, BillieMurphyTremble, SharonTremble Donaldson, Selia Tremble Shawkey, Wilmer ForrestTremble, Jr. The Estate ofWilmer ForrestTremble, Sr. Appellant(s) Luminant Mining Company LLC, Energy Future Holdings Corporation and Subsidiaries

Appellee

APPELLANTS' OPENING BRIEF

TheTremble Family: Appealfrom theJudgment Rusk County District Court ofTexas Date December 16, 2014 Laury Mark, Deputy

Billie MurphyTremble P.O. Box 541 Marshall, Texas 75671 billietremble@vahoo.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 seliashawkev@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 ofHeirs PropertyAct (UPHPA)? II. Didthe districtcourterrinthe signing ofFinalJudgmentwithoutan open hearingto considerthe evidence? III. Whetherornot 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 ofthe co-tenant(s) seeking partition for a proportional share of the 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 buythe 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. Thisoption was neverofferedto theAppellant(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 Appellant(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 Court granted defendant's Motionfor SummaryJudgment and degreed defendanttitle and possession ofthe land in controversy: and overruled plaintiffs' Motionfor SummaryJudgment. The Appellant(s) Summary Judgment was issued resulting in a closed civil trial. The court issued a FinalJudgmentinfavor of Luminant 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 in the Rusk County Clerk's Office, Rusk County Appraisal District and in the 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 Cash Warranty Deed) that was notarized by Russell Davis, contract Landman for Luminant Mining Company, LLc. (refer to Affidavit of Heirship). TD/B/C.2/AC.l/7p.ll para.9. Smith v. Land & House Property Corp. (1884) 28 Ch.D7. However, where the 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 be treated as a statement of fact. The Traditional Most Favoured Nations principle is designed to 

### establish equity intreatment. Ms Smith is not nor has she ever beenthe Executor ofthe Estate, Administrator, norTrustee. 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 reliefsought is the 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. Erik L. 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 giving the statementwas 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 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 WithoutProofof Harm 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, 380S.W.2d 725 4 

### Smith v. Land&House PropertyCorp. (1884) 28 Ch.D7 5 Tex.rcvtex.RTD.p.166 5ACT: Uniform Partition ofHeirs Property Act.

OTHER DOCUMENTS: Affidavitof Heirship 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 thefollowing: 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 ferventprayerthis land willremain in ourfamily for generations to come and thatwe will be compensated for the loss of income due to the documents that are filed in 

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