Lawsuit Bill Wilson (John W Wilson) Midland Texas Wilson Industries fraud Kim Padgett

IN THE DISTRICT COURT
318TH JUDICIAL DISTRICT
MIDLAND COUNTY, TEXAS


NO. FM-26871

DEBORAH SUE HORTON WILSON and WAVE INVESTMENTS, L.L.C.
Plaintiffs

VS.

JOHN WILLIAM WILSON, and O’RYAN OIL AND GAS
Defendants


THIRD AMENDED ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COME DEBORAH SUE HORTON WILSON and WAVE INVESTMENTS, L.L.C., Plaintiffs herein, and file this, their Third Amended Original Petition, and for such would respectfully show unto the Court the following:

I. DISCOVERY CONTROL PLAN LEVEL

Plaintiffs intend that discovery be conducted under Discovery Level 2.


II. PARTIES AND SERVICE

A. Plaintiff DEBORAH SUE HORTON WILSON is a resident of Travis County, Texas. Plaintiff WAVE INVESTMENTS, L.L.C. is a Texas limited liability corporation with its principal place of business in Travis County. The oil and gas leases in question are located in Sutton County, Texas.

B. Defendant JOHN WILLIAM WILSON, II is the former husband of DEBORAH SUE HORTON WILSON. Upon information and belief, JOHN WILLIAM WILSON, II (Defendant WILSON) has and continues to collect royalties on oil and gas leases that have legally belonged to DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. since August 8, 1989. Defendant WILSON has made an appearance in this case and no service is necessary at this time.

C. Defendant O’RYAN OIL and GAS is the entity currently paying royalties on leases owned by DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. Defendant O’RYAN WILSON has made an appearance in this case and no service is necessary at this time.


III. JURISDICTION AND VENUE

A. The subject matter in controversy is within the jurisdictional limits of this court.
B. This court has jurisdiction over the parties because they are all Texas residents.
C. Pursuant to §15.011 of the Texas Civil Practice and Remedies Code, venue in Sutton County is mandatory in this cause because this is a suit for recovery of an interest in real property. However, Defendant WILSON’s Motion to Transfer Venue was granted and this case now proceeds in Midland County over Plaintiffs’ objections.


IV. FACTS

A. On August 8, 1989, WILLIAM B. WILSON conveyed to DEBORAH SUE HORTON WILSON an undivided 21.35417% working interest in and to four separate oil and gas leases, together with a like interest in all personal property used or obtained in connection therewith (“the 1989 assignment”). DEBORAH SUE HORTON WILSON was unaware of this assignment and could not reasonably have known of it. The 1989 assignment from WILLIAM B. WILSON to DEBORAH SUE HORTON WILSON is attached Exhibit “A” to DEBORAH SUE HORTON WILSON’s Original Petition and is incorporated herein for all purposes.

B. At the time of the 1989 assignment, DEBORAH SUE HORTON WILSON was married to Defendant WILSON; the assignor was Defendant WILSON’s father.

C. Plaintiff DEBORAH SUE HORTON WILSON and Defendant WILSON were divorced on April 28, 1994. The Decree of Divorce is silent as to the 1989 assignment and Plaintiff DEBORAH SUE HORTON WILSON, unaware of her separate property gift from her father-in-law, made no provision for the 1989 assignment in the decree. Upon information and belief, however, Defendant WILSON did know of the gift but purposefully withheld that data from his then wife.

D. On May 2, 2007, Defendant WILSON recorded (or caused to be recorded) a document in the records of Sutton County. This paper, attached as “Exhibit B” to DEBORAH SUE HORTON WILSON’s Original Petition and incorporated herein for all purposes, purports to be a “quitclaim assignment,” claiming that on April 28, 1994, DEBORAH SUE HORTON WILSON conveyed her interest in the 1989 assignment to Defendant WILSON.

E. In truth, however, DEBORAH SUE HORTON WILSON never made any such assignment. Not only was DEBORAH SUE HORTON WILSON unaware of the gift from Defendant WILSON’s father, but she certainly would not have given the property away to her ex-husband. The document filed by Defendant WILSON bears DEBORAH SUE HORTON WILSON’s name, but not DEBORAH SUE HORTON WILSON’s actual signature.

F. In February of 2007, DEBORAH SUE HORTON WILSON conveyed (or attempted to convey) all of her interest in the 1989 assignment to PLAINTIFF WAVE INVESTMENTS, L.L.C.. DEBORAH SUE HORTON WILSON, one of the principals of WAVE INVESTMENTS, L.L.C., is unsure if the document she signed effectively conveyed her interest to WAVE INVESTMENTS, L.L.C. Prior to the actual/attempted February 2007 transfer, DEBORAH SUE HORTON WILSON was entitled to all rights, title and interest in the 1989 assignment since August 8, 1989. If the actual/attempted February 2007 transfer to WAVE INVESTMENTS, L.L.C. is indeed valid, then WAVE INVESTMENTS, L.L.C. is entitled to all rights, title and interest in the 1989 assignment.

G. For the purposes of this litigation and in order to promote efficiency in these proceedings, DEBORAH SUE HORTON WILSON and WAVE INVESTMENTS, L.L.C. would not dispute that the February 2007 transfer to WAVE INVESTMENTS, L.L.C. was an effective transfer of Plaintiff DEBORAH SUE HORTON WILSON’s interest in the 1989 assignment. That assignment, however, does not affect the rights of DEBORAH SUE HORTON WILSON to seek damages for her personal causes of action against Defendants that are not transferred to WAVE INVESTMENTS, L.L.C.

H. Defendant O’RYAN has paid and continues to pay royalties for the 1989 assignment to persons or parties other than DEBORAH SUE HORTON WILSON or WAVE INVESTMENTS, L.L.C.

I. Inasmuch as DEBORAH SUE HORTON WILSON never assigned, transferred, sold or gave the 1989 assignment to Defendant WILSON, Plaintiffs DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS, L.L.C. are entitled to the return of all monies generated by the 1989 assignment, including, but not limited to, the market value of the oil, gas and mineral interests described in the 1989 assignment; the intrinsic value of the oil, gas and mineral interests described in the 1989 assignment; the loss of use of the oil, gas and mineral interests described in the 1989 assignment; the reproduction value of the oil, gas and mineral interests described in the 1989 assignment; the value in situ of the oil, gas and mineral interests described in the 1989 assignment and the enhanced value of the oil, gas and mineral interests described in the 1989 assignment as well as pre and post-judgment interest, attorneys’ fees, expenses and costs. Plaintiffs are further entitled to exemplary damages as a result of the willful and intentional conduct of Defendants in attempting to defraud Plaintiffs of all monies earned from the subject interests.

J. DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS, L.L.C. are further entitled to payment by O’RYAN of all current and future monies generated by the 1989 assignment as more fully described in paragraph IV.H above.


V. RELIEF REQUESTED: DECLARATORY JUDGMENT

There exists a genuine controversy between the parties herein that would be terminated by the granting of declaratory judgment. DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS, L.L.C. therefore request that declaratory judgment be entered as follows:

A. the assignment from WILLIAM B. WILSON to DEBORAH SUE HORTON WILSON is valid and DEBORAH SUE HORTON WILSON was the rightful owner of the 1989 assignment with all rights, title and interest pertaining thereto until she assigned these interests (if she did) to WAVE INVESTMENTS L.L.C.;

B. the subsequent “quitclaim deed” filed on 2 May 2007, purporting to convey the interest in the subject oil and gas leases to Defendant WILSON, is invalid and otherwise void and Defendant WILSON has no right, title or interest in the 1989 assignment;

C. Defendant WILSON is ordered to provide an accounting of all monies he has received as a result of his claimed ownership of the 1989 assignment and identify all payers of said monies;

D. Defendant O’RYAN is ordered to provide an accounting of all monies paid to any person or entity claiming to own the 1989 assignment;

E. Defendant WILSON is ordered to reimburse DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. for all royalties, with pre and post judgment interest, that Defendant WILSON has received for the 1989 assignment and all damages as more fully described in IV.H above;

F. any other person or entity who has received royalties for the 1989 assignment is ordered to reimburse DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. for all royalties with pre and post judgment interest, that Defendant WILSON has received for the 1989 assignment and all damages as more fully described in IV.H above; Defendant O’RYAN is ordered to pay all current and future royalties with pre and post judgment interest, that Defendant WILSON has received for the 1989 assignment and all damages as more fully described in IV.H above to DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. and Plaintiffs request further that the Court determine whether DEBORAH SUE HORTON WILSON has indeed transferred all of her right title and interest in the subject properties to WAVE INVESTMENTS, L.L.C.


VI. TRESPASS TO TRY TITLE

A. The real names of the parties are DEBORAH SUE HORTON WILSON, WAVE INVESTMENTS L.L.C. and JOHN WILLIAM WILSON. Plaintiff DEBORAH SUE HORTON WILSON and Defendant WILSON are each aware of the other’s residence. WAVE INVESTMENTS L.L.C.’s principal residence is DEBORAH SUE HORTON WILSON’s home in Travis county.

B. The disputed property is sufficiently identified in the 1989 assignment which is attached Exhibit “A” to DEBORAH SUE HORTON WILSON’s Original Petition and is incorporated herein for all purposes .

C. DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. claim a 21.35417% working interest in and to four separate oil and gas leases, together with a like interest in all personal property used or obtained in connection therewith.

D. DEBORAH SUE HORTON WILSON was entitled to possession of the interest claimed by DEBORAH SUE HORTON WILSON until such time, if ever, that she assigned that interest to WAVE INVESTMENTS L.L.C. From the date of that assignment, WAVE INVESTMENTS L.L.C. has been entitled to possession of the subject interest.

E. After the 1989 assignment from WILLIAM B. WILSON to Plaintiff DEBORAH SUE HORTON WILSON, Defendant WILSON unlawfully entered upon and dispossessed DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. of their interest as of August 8, 1989 and withholds from them the possession thereof.

F. Defendant WILSON and Defendant RYAN have withheld and continue to withhold from DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. all profits associated with DEBORAH SUE HORTON WILSON’s and/or WAVE INVESTMENTS L.L.C.’s interest, the amount of which is known to Defendants, but not DEBORAH SUE HORTON WILSON or WAVE INVESTMENTS L.L.C.

G. DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. can prove a regular chain of conveyances from the sovereign. As such, DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. are entitled to clear title of the disputed interests in the subject leases.

DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. seek an accounting from Defendant O’RYAN of all monies paid to any person or entity claiming to own the 1989 assignment or to be entitled to any monies as a result of the 1989 assignment. DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. also seek an order directing O’RYAN to pay all current and future royalties for the 1989 assignment to DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C.

H. DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. seek reimbursement from Defendant WILSON for all royalties, with interest, that Defendant WILSON has received for the 1989 assignment.

I. DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C. seek reimbursement from Defendant O’RYAN for all royalties, with interest, that Defendant O’RYAN has paid for the 1989 assignment.


VII. BREACH of CONTRACT: the Decree of Divorce

The decree of divorce was an enforceable contract between the parties. DEBORAH SUE HORTON WILSON is a proper party to the contract and performed all of her obligations under the contract and she complied with all conditions precedent to the performance of the contract.

DEBORAH SUE HORTON WILSON relied upon Defendant WILSON to disclose all assets, assignments or other legal transactions that affected the community or separate property of the parties to the divorce and which required disclosure of their terms in order to be binding upon the parties.

Defendant WILSON breached the contract, the Divorce Decree, to the detriment of DEBORAH SUE HORTON WILSON and/or WAVE INVESTMENTS L.L.C., causing damages to DEBORAH SUE HORTON WILSON.

DEBORAH SUE HORTON WILSON was prevented by fraud or other misconduct from an ability to independently investigate public records or conduct discovery as to the separate property gift, (the 1989 assignment).


VIII. FRAUD/ FRAUD IN THE INDUCEMENT

Plaintiff DEBORAH SUE HORTON WILSON would show that Defendant WILSON committed fraud upon her by numerous acts, including, but not limited to the filing of the false assignment bearing her forged name.

By making and recording a false Quitclaim Deed, Defendant WILSON made representations to Plaintiffs that were material, false and were made directly or indirectly to the Plaintiff DEBORAH SUE HORTON WILSON. At the time Defendant WILSON made these statements, he knew they were false or he made the representations recklessly with the intent of affecting Plaintiffs’ interests, made with the intent that Plaintiffs would act on and rely on same and which caused Plaintiffs injury as alleged in this Petition.

Defendant WILSON fraudulently induced Plaintiff DEBORAH SUE HORTON WILSON to agree to the terms of their divorce by a number of acts, including, but not limited to the forgery outlined above.

For the same reasons set forth above, Defendant WILSON. is guilty of fraud and fraudulent jnducement against Plaintiff WAVE INVESTMENTS, L.L.C. who entered into agreements and /or transactions with Plaintiff DEBORAH SUE HORTON WILSON.


IX. BREACH OF FIDUCIARY DUTY

Plaintiffs refer to and incorporate the Facts set forth in paragraph IV. Plaintiffs would show that while they were married, Defendant WILSON owed Plaintiff DEBORAH SUE HORTON WILSON a fiduciary duty to disclose to Plaintiff all assignments and other transactions involving or effecting the rights and / or property rights of Plaintiff. As partners in marriage, Defendant WILSON owed Plaintiff duties of loyalty; good faith, fairness and honest dealings; full disclosure of all matters affecting their joint interests and of accountability. As set out in the facts paragraphs above, Defendant WILSON breached all of these fiduciary duties and for conversion of Plaintiff’s interests in the oil and gas leases resulting in injury to the Plaintiffs as alleged herein and in unfair and unjust benefit to the Defendant. In that regard Plaintiffs also sue Defendants under the equitable doctrine of unjust enrichment and Quantum Meruit for the damages alleged by Plaintiffs herein.


X. THEFT

Plaintiffs would further allege Defendants are guilty of Theft and violations of the Theft Liability Act and Texas Penal Code 31.03. In that regard, Plaintiffs had a possessory right to her interest in the subject Oil and Gas leases, the Defendants unlawfully appropriated the subject property without the Plaintiffs’ consent, the Defendants appropriated the subject property with the intent to deprive the Plaintiffs of said property and the Plaintiffs sustained damages as a result of Defendants theft.


ATTORNEY'S FEES

Pursuant to §37.009 of the Texas Civil Practice and Remedies Code, request is made for all costs, expenses and reasonable and necessary attorney's fees incurred by DEBORAH SUE HORTON WILSON and WAVE INVESTMENTS L.L.C. herein, including all fees necessary in the event of an appeal of this cause to the Court of Appeals and the Supreme Court of Texas, as the Court deems equitable and just, but in an amount in excess of $1,000.00.


PRAYER

WHEREFORE, PREMISES CONSIDERED, DEBORAH SUE HORTON WILSON and WAVE INVESTMENTS L.L.C. pray that Defendants be cited to appear and answer herein, and that on final trial hereof, declaratory judgment and judgment be granted as requested herein. DEBORAH SUE HORTON WILSON and WAVE INVESTMENTS L.L.C. pray further for their expenses, costs and reasonable and necessary attorney's fees and for such other and further relief to which DEBORAH SUE HORTON WILSON and WAVE INVESTMENTS L.L.C. may be entitled either at law or in equity.

___________
Kim Padgett and Nikki Haley potential defendants -- Alpine Texas Brewster Midland Padget

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is this the lawsuit involving Kim Padgett from Alpine Texas? I live in Alpine and know her.

yes

Parties involved offer a 7000 dollar reward for any information related to fraudulent notarization or signing of any documents related to this case.

Email [info @ worldlawdirect. com] confidentially.

Anticipated court actions:

1) SDT for depo of JWW
2) SDT for the file of James B. Wilcox, Jr. (represented W. Wilson Corp. & William B. Wilson in the divorce)
3) SDT to Exxon/Mobil for all payments made to DSHW but cashed by someone else (i.e. someone who signed her name) (does not relate to the 4 leases at issue in this case)
4) SDT to Nikki Haley for her notary public books
5) SDT to SOS for Nikki Haley’s notary public books: they are required by law to obtain these books whenever a notary voluntarily resigns that license
6) SDT to SOS for Kim Padgett’s notary public books: they are required by law to obtain these books whenever a notary voluntarily resigns that license
7) SDT to The Church of Scientology for any and all financial documents, any and all video and/or audio recordings of any party in this litigation

Did Nikki Haley lose her notary license during this court case?

Kim Padgett lost hers. The Secretary of State revoked her license.
I used to work with Kim.

Wow I feel very bad for this Debra person. If all of this is true and I believe it to be because it is on a law site then its obvious to anyone whom reads it that this Wilson person really stole a lot of money from her. If I were in Midland and in the oil business I would look at my past dealings with Wilsons.

HJ

Interesting case i must say. But do people really fake documents and all that? Sounds like the TV show Dallas.

See the attached document.

Plaintiff claims that Nikki Haley and Kim Padgett forged and fraudulently executed documents that transferred properties out of Deborah Wilson's name--in effect stealing the oil-rich property from Ms. Wilson.

If true the acts would be civil and criminal law violations.

The Texas Secretary of State found that documents were illegally processed.

Rather than respond Nikki Haley forfeited her license. The investigation is continuing.