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 OF APPEALS

STATE OF TEXAS

The Tremble Family,

Billie Murphy Tremble,

Sharon Tremble Donaldson,

Selia Tremble Shawkey,

Wilmer Forrest Tremble, Jr.

The Estate of Wilmer Forrest Tremble, Sr.

Appellant(s)

Luminant Mining Company LLC,

Energy Future Holdings

Corporation and Subsidiaries

Appellee

APPELLANTS' OPENING BRIEF

The Tremble Family:

Appeal from the Judgment

Rusk County District Court of Texas

Date December 16, 2014

Laury Mark, Deputy

Billie Murphy Tremble

P.O. Box 541

Marshall, Texas 75671

billietremble@vahoo.com

903.938.6829
Sharon Tremble Donaldson

2010 Wineberry 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 Forrest Tremble, Jr

P.O. Box 841865

Pearland, Texas 77584

trem455@vahoo.com

281.384.8491
TABLE OF CONTENTS

INDEX OF AUTHORITIES 6

STATEMENT OF THE CASE 4

Nature of Action Sought

STATEMENT OF FACTS 4,5

SUMMARY OF ARGUMENT 5, 6

PRAYER 7

ISSUES PRESENTED 3

Questions Presented on Appeal:

I. Whether the Appellant(s) were denied their constitutional and civil

rights under the Uniform Partition of Heirs Property Act (UPHPA)?

II. Did the district court err in the signing of Final Judgment without an

open hearing to consider the evidence?

III. Whether or not selective exclusion omitted the appellant(s) from any of

the decision making processes?

IV. Was there an error in the auctioning of undivided inherited heir

property?
STATEMENT OF THE CASE

Nature of Action 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 of the court determined

fair market value. The co-tenants have 45 days to exercise the right of first

refusal, and if exercised, another 60 days to arrange for financing. If more than

one co-tenant elects to buy the shares of co-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 never offered 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 of the 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

Motion for Summary Judgment and degreed defendant title and possession of the

land in controversy: and overruled plaintiffs' Motion for Summary Judgment.

The Appellant(s) Summary Judgment was issued resulting in a closed civil trial.

The court issued a FinalJudgment in favor of Luminant Mining Company, LLC, and

the auction of the property was 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. All the 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 giving the 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 in treatment. Ms Smith is not nor has she ever been the Executor

of the Estate, Administrator, nor Trustee. The possession of the 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 is the return of the property and loss of income.

5
Tex.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 of Mental

Anguish Without Proof of Harm 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 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 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:

Erik L. Collins &. Gretchen M. Smith, Awards of Damages of Mental

Anguish Without Proof of Harm to Reputation 5

Museprime Properties v. Adhill Properties [1990] 36 EG 114 5

Nottingham Brick & Title Company v. Butler (1889) 16QBD 778 4

Smith v. Baker, 380S.W.2d 725 4

Smith v. Land &House Property Corp. (1884) 28 Ch.D7 5

Tex.rcv tex.RTD.p.166 5
ACT:

Uniform Partition of Heirs Property Act.

OTHER DOCUMENTS:

Affidavit of Heirship 5

Cash Warranty Deed 5

Final Judgment 4

Most Favoured Nations Principle 5

Rusk County Appraisal 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 of justice

and civil rights. A declaration 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 equally free 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
prayer this land will remain in our family for generations to come and that we 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 of the Tremble

Family throw ourselves on the mercy of the court. Amen.