FILED

DALLAS COUNTY
4/21/2016 5:41:32 PM
FELICIA PITRE
DISTRICT CLERK

2 CIT ES

Angie Avina

DC-16-04654
CAUSE NO. DC-16-____________
DAVID PICKETT, TRUSTEE OF THE
ALBERT HILL TRUST
Plaintiff,
v.
AL G. HILL, III
and
ERIN NANCE HILL,
Defendants.

IN THE DISTRICT COURT

____ JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

PLAINTIFFS ORIGINAL PETITION FOR PARTITION OF REAL PROPERTY

Plaintiff David Pickett, Trustee of the Albert Hill Trust (Plaintiff), files this Original
Petition for partition of real property in Dallas County, Texas.
I.
1.

DISCOVERY LEVEL

Discovery should be conducted under Level 2 of Texas Rule of Civil Procedure

190.3.
II.
2.

CLAIM FOR RELIEF

Pursuant to Texas Rule of Civil Procedure 47, Plaintiff seeks non-monetary relief

(the value of which exceeds $1,000,000). This matter is not subject to Texas Rule of Civil
Procedure 169 because the claim is governed by the Texas Property Code.
III.
3.

PARTIES

Plaintiff David Pickett is the trustee of the Albert Hill Trust and is a resident of

Dallas County, Texas. Pursuant to Section 30.014 of the Texas Civil Practice and Remedies
Code, the last three numbers of Plaintiffs social security number are 795, and the last three
digits of Plaintiffs drivers license number are 134.

PLAINTIFFS ORIGINAL PETITION

PAGE 1

4.

Defendant Al G. Hill, III is a natural person residing in Fulton County, Georgia at

981 Davis Drive, Atlanta, Georgia, 30327-4533. He may be served with process by serving the
Texas Secretary of State by certified mail, return receipt requested at: Service of Process,
Secretary of State, Austin, Texas 78711-2079.
5.

Defendant Erin Nance Hill is a natural person residing in Fulton County, Georgia

at 981 Davis Drive, Atlanta, Georgia, 30327-4533. She may be served with process by serving
the Texas Secretary of State by certified mail, return receipt requested at: Service of Process,
Secretary of State, Austin, Texas 78711-2079.
IV.
6.

JURISDICTION

The Court has jurisdiction over the subject matter of this dispute pursuant to

Section 23.002 of the Texas Property Code.

7.

The Court has personal jurisdiction over Defendants Al G. Hill, III and Erin Nance

Hill (collectively, Defendants) pursuant to Section 17.003 of the Texas Civil Practice and

Remedies Code (the Texas long-arm statute) because this suit will determine the parties
respective interests in the real property at issue, and both Plaintiff and Defendants claim an
interest in the real property. Further, this Courts exercise of jurisdiction over Defendants
comports with constitutional due process both because Defendants have sufficient minimum
contacts with the State by way of their ownership of real property in Dallas County, Texas and
because the exercise of jurisdiction over Defendants does not offend traditional notions of fair
play and substantial justice.
V.
8.

VENUE

Venue is proper in Dallas County, Texas under Section 23.002 of the Texas

Property Code and Section 15.011 of the Texas Civil Practice and Remedies Code because the

PLAINTIFFS ORIGINAL PETITION

PAGE 2

property for which Plaintiff seeks partition is located in Dallas County, Texas.
VI.
9.

FACTS

This suit pertains to the requested partition of real property located at 4433

Bordeaux Avenue, Dallas, Texas 75205 (the Bordeaux Property).

10.

The legal description of the Bordeaux Property is:

Lot 11, Block 108 of Highland Park West Addition, Eight Installment, an addition
to the City of Highland Park, Dallas County, Texas, according to the plat thereof
recorded in Volume 5, Page 206, Map Records, Dallas County, Texas.

11.

The Dallas County Tax Office refers to the Bordeaux Property as:
HIGHLAND PARK
BLK 108 LT 11
VOL99223/0449 DD11121999 CO-DC
0845010801100 16908450108

12.

Plaintiff is the owner of 80% of the Bordeaux Property and all items of personal

property therein.
13.

Plaintiff acquired its interest in the Bordeaux Property by means of a General

Warranty Deed, a true and correct copy of which is attached hereto as Exhibit A and is
incorporated by reference, and related documents.
14.

Defendant Al G. Hill, III and Defendant Erin Nance Hill are the owners of the

remaining 20% of the Bordeaux Property. Defendant Erin Nance Hill is the wife of Al G. Hill,
III.
15.

Plaintiff and Defendants are the sole owners of interests in the Bordeaux Property,

and the property is subject to no other claim or claims.

16.

The Bordeaux Property is a four-bedroom, single-family home located on slightly

less than half an acre of land in Highland Park, Texas. The Dallas Central Appraisal District
values the home at $2,491,160.

PLAINTIFFS ORIGINAL PETITION

PAGE 3

17.

Although the parties to this lawsuit have owned the Bordeaux Property for more

than 15 years, it currently is unoccupied. Defendants currently reside in Atlanta, Georgia. As

such, Plaintiff has become aware of the deteriorating condition of the Bordeaux Property, such as
a recent water leak that damaged the Bordeaux Property, and Plaintiff has been forced to expend
amounts from its funds to protect the value of the Bordeaux Property.
18.

Due to the mounting cost of repairs, coupled with other significant expenses such

as property taxes, Plaintiff wishes to sell its portion of the Bordeaux Property as ownership of the
home is no longer a prudent financial investment.
19.

Unfortunately, this is impossible without Court intervention. Defendants refuse to

pay for their portion of the upkeep of the Bordeaux Property. Perhaps even more importantly,
Defendants will not participate in discussions about selling the Bordeaux Property.
VII.
20.

REQUEST FOR PARTITION BY SALE

Pursuant to Section 23.001 et. seq. of the Texas Property Code and Rules 756-771

of the Texas Rules of Civil Procedure, Plaintiff seeks a partition by sale of the Bordeaux
Property.
21.

Plaintiff, as an owner of interest in the Bordeaux Property, is entitled to a

partition.
22.

The Bordeaux Property is not susceptible to partition in kind because a fair and

equitable division of the property cannot be made. In particular, due to the size of the Bordeaux
Property, its location in a neighborhood, and its designation as a single-family home, the
Bordeaux Property is incapable of division in kind without materially impairing its value.
23.

Therefore, pursuant to Texas Rule of Civil Procedure 770, sale of the Bordeaux

Property for cash is proper.

PLAINTIFFS ORIGINAL PETITION

PAGE 4

VIII. PRAYER
24.

Plaintiff David Pickett, Trustee of the Albert Hill Trust, respectfully requests that

Defendants Al G. Hill, III and Erin Nance Hill be cited to appear and answer and that the Court
enter a decree as follows:
(a)

Determining that the Bordeaux Property is not susceptible to partition in kind;

(b)

Determining what proportionate value of the Bordeaux Property should be

allocated to the shares owned by Plaintiff and Defendants, respectively;

(c)

Determining the portion of expenses that should be reimbursed to Plaintiff out of

the proceeds of the sale of the Bordeaux Property for the upkeep and maintenance of the
Bordeaux Property;
(d)

Ordering the sale of the Bordeaux Property, and distributing the proceeds in

accordance with the foregoing determinations; and

(e)

Granting Plaintiff costs of court and any and all such other and further relief, at

law and in equity, to which the Court determines Plaintiff is justly entitled.

PLAINTIFFS ORIGINAL PETITION

PAGE 5

DATED: April 21, 2016

Respectfully submitted,
/s/ Stewart H. Thomas
__________________________
Stewart H. Thomas
State Bar No. 19868950
E-mail: sthomas@hallettperrin.com
Tom M. Dees, III
State Bar No. 24034412
E-mail: tdees@hallettperrin.com
Elizabeth Fitch
State Bar No. 24705777
E-mail: efitch@hallettperrin.com
HALLETT & PERRIN, P.C.
1445 Ross Ave, Suite 2400
Dallas, Texas 75202
Telephone: 214.953.0053
Facsimile: 214.922.4142
ATTORNEYS FOR PLAINTIFF

462029

PLAINTIFFS ORIGINAL PETITION

PAGE 6

IO

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CONFIDENTIALY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE

OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURTIY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

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GENERAL WARRANTY DEED

Date~
Gran tor:

Grantee:

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Al G. Hill, ill and Erin Nance Hill, husband and wife

4433 Bordeaux Avenue
Highland Park, Dallas County, Texas 75205

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Albert IDU 1'rust, whose Trust!::e is Ivan Irwin, Jr.

1601 Elm Street, Suite 5000

(.,) CX)

Dallas, Dallas County, Texas 7520 I

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Consideration: Cash and other good and valuable consideration.

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Property~
An e\ghty percent (80o/o) undivided interest in and to the following described property together
with all irnproven)enbi thereon and all rights and appurtenances pertaining thereto, shuated in DaJias County, Texas

to~wit:

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Lot 11, Block 108 of Highland Park West Addition, Eighth Installment, an addition to the
City of Highland Park, Dallas County, Texas, according to the plat thereof recorded in
Volume 5, Page 206, Map Records, Dallas County, Texas,
more commonly l.-nown as 4433 Bordeaux Avenue, Highland Park, Texas 75205.
Exceptions to Conveyance and VVarraaty: Those Jnatters of title described on Exhibjt Batt.ached hereto and made

a part hereof, but only to the extent srune are valid and subsisting ("Permitted Exceptions").
Ctrantor1 for the consideration and subject to the Exceptions to Conveyance and Warranty, grants. sells. and conveys
to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to
have and to hold 1t to Grantee and Grantee's successors, and assigns forever. Granter binds Grantor and Grantor's
heirs and successors to warrant and forever di:!fend aU a:nd singular the Property to Grantee and Grantee's
successors, and assigns again~L every person whomsoever lawfully claiming or to claim the same or any part Lhereof1
except as to the Ex:ceptions to Conveyance and Warranty.
\Vhcn the contexc requires, singular nouns aod pronouns include_ the plutal.

STATE OF TEXAS

cou:-;ry OF DALLAS

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The instrument was acknowledged before me this

Erin Nance Hill, husband and wife.

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day 0~2004 by Al G, Hill, Ill and

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(-::z-;;.;z:L/}.?fH _Jr;) 76!~uc...V.e.,,;,1L!_'- - No0ubJiC in an'd for The State of Texas

My commission expires on: t)'i 3!, ol-O<Df.

,,,~~~Pl':,, SHARON L. PIERDDLLA '--,
[}~!f;_Naury Public, State ot Texas
General \Yarran.Ly Deed, PAGE I

04.05.19

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Exhibit A Page 1

My Oammisslon Expjres

OB/31/2006

EXHIBIT

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PAGE 7

Exhibit B
Representations; Permitted Exceptions

A.

Seller's Representations to Buyer

1.
No Other Obligation to Sell the Property or Restriction against Selling the Property. Except
for granting a security interest in the Property, Seller has not obligated itself to sell the Property to
any party other than Buyer. Seller's performance of this contract will not cause a breach of any otb.er
agreement or obligation to which Seller is a party or to which it is bo\l!ld.
2.
No Liens. On the Closing Date, the Property will be free and clear of all mechanic's and
materialman's liens and other liens and encumbrances of m1y nature except the Permitted
Exceptions, and no work or materials will have been furnished to the Property that might give rise to
mechanic's, materialman's, or other liens against the Property other than work or materials to which
Buyer has given its consent.

B.

Permitted Exceptions

1.

Easement granted by Flippen-Prather Realty Co. to Dallas Power & Light Co., filed
09/24/1930, recorded in Volume 1649, Page 502, Deed Records of Dallas County, Texas.
2.

5' easement across rear shown on the plat recorded in Volume 5, Page 206, Map Records of

Dallas County, Texas.

Filed and Recorded

Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
07/28/2009 08:27:17 AM
$20.00
200900214515

Real &tate Sales Coiitract:., page 7

04.05.18

Exhibit A Page 2

PAGE 8