accrual of a fraud claim (Texas) · Go Syfert
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accrual of a fraud claim in Texas

9 Texas opinions name it 3 courts 2015–2026 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Charles G. Hooks, III v. Samson Lone Star, Limited Partnership, N/K/A Samson Lone Star Llcgreen
tex · 2015 · cited in 2 Texas opinions naming this issue, 2022–2026
2 sentences

2026However, our holding should not be construed as a determination that Diaz is a proper party under TUFTA. 5 In addition, the forfeiture of AD I’s charter was also a matter of public record. 7 as a matter of law, the accrual of a fraud claim is not delayed.” Hooks v. Samson Lone Star, Limited Partnership, 457 S.W.3d 52, 59 (Texas. 2015) (emphasis added) (quoting Shell Oil Co. v. Ross, 356 S.W.3d 924, 929 (Tex. 2011).

2022P’ship, 457 S.W.3d 52, 59 (Tex. 2015) (citation and internal quotation marks omitted). 1 In Archer v. Tregellas, we recognized that the constructive notice conveyed by deed records does not always bar application of the 1 See also Carl M.

22
Shell Oil Co. v. Rossgreen
tex · 2011 · cited in 5 Texas opinions naming this issue, 2015–2026
2 sentences

2026However, our holding should not be construed as a determination that Diaz is a proper party under TUFTA. 5 In addition, the forfeiture of AD I’s charter was also a matter of public record. 7 as a matter of law, the accrual of a fraud claim is not delayed.” Hooks v. Samson Lone Star, Limited Partnership, 457 S.W.3d 52, 59 (Texas. 2015) (emphasis added) (quoting Shell Oil Co. v. Ross, 356 S.W.3d 924, 929 (Tex. 2011).

2015These cases reveal that when there is actual or constructive notice, or when information is “readily accessible and publicly available,” Ross, 356 S.W.3d at 929 , then, as a matter of law, the accrual of a fraud claim is not delayed.

15
Sherman v. Sippergreen
tex · 1941 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Id.; see, e.g., Sherman v. Sipper, 152 S.W.2d 319, 321 (Tex. 1941) (holding claim against sellers who fraudulently misrepresented their title in mineral estate was barred by limitations because buyers were charged with constructive notice of the chain of title in the public record).

11
Childs v. Hausseckergreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Id. at 59 (quoting Ross , 356 S.W.3d at 929 ); see Childs , 974 S.W.2d at 44 (stating that "commencement of the limitations period may be determined as a matter of law if reasonable minds could not differ about the conclusion to be drawn from the facts in the record").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Barbara D. Cosgrove, Individually and as the Trustee of the Charles and Barbara Cosgrove Family Revocable Living Trust v. Michael Cade and Billie Cade green
tex · 2015
1 sentence

2015Cosgrove, 468 S.W.3d at 38 -39 (citing Hooks).

12015–2015

Where else courts name it

TX 9 (2015–2026) MO 2 (1993–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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