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eBook details

• Title: Russell V. American Real Estate Corporation
• Author : Texas Court of Appeals
• Release Date : January 03, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

We examine the rights of a landlord and tenant at sufferance following a foreclosure. George and Tara Russell left some personal property in a house they rented. On their return, the personalty was missing or damaged. So they sued American Real Estate Corporation (ARE). ARE, in turn, filed for and obtained summary judgment on all the Russells' claims. The house the Russells had rented went through foreclosure. The Russells had moved many of their possessions to their new house, but left some possessions in the old house to move on a later weekend. Meanwhile, ARE, the new owner's real estate agent, had the locks changed and moved most of the Russells' possessions to storage. When the Russells returned to their old house, they discovered their things missing. ARE returned a trailer-load of items to the Russells, but the Russells claimed that much of their property was missing or damaged. The Russells brought suit for trespass to realty and personalty, conversion, breach of bailment obligations, negligence, invasion of privacy, and "forcible entry." The Russells now appeal the adverse summary judgment which the trial court granted in toto. We affirm summary judgment on the "forcible entry" claim, and reverse and remand on the remainder of the Russells' claims.

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