law-conversion | Texas Theft Liability Act | TTLA | conversion-of-money | theft | Texas Theft Liability Act | TTLA
Civil Theft and Conversion of Personal Property
To establish conversion of personal property, a plaintiff must prove that: (1) the plaintiff owned or had
legal possession of the property or entitlement to possession; (2) the defendant unlawfully and without
authorization assumed and exercised dominion and control over the property to the exclusion of, or
inconsistent with, the plaintiff's rights as an owner; and (3) the plaintiff suffered injury. United Mobile
Networks, L.P. v. Deaton, 939 S.W.2d 146, 147-48 (Tex.1997); Apple Imports, Inc. v. Koole, 945
S.W.2d 895, 899 (Tex.App.-Austin 1997, pet. denied). If the defendant originally acquired possession of
the plaintiff's property legally, the plaintiff must establish that the defendant refused to return the property
after the plaintiff demanded its return. Presley v. Cooper, 155 Tex. 168, 284 S.W.2d 138, 141 (1955);
Apple Imports, 945 S.W.2d at 899.
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