request an issue. This rule applies, however, only where the defense has not been conclusively established. Texas Reserve Life Ins. Co. v. Security Title Co., 352 S.W.2d 347, 351 (Tex.Civ.App.-San Antonio 1961, writ ref’d n.r.e.); 3 McDonald Texas Civil Practice, § 12.36.2 at 433 (1970). In the instant case, the dates of the conveyances have been conclusively established. Moreover, the appellee’s pleadings conclusively demonstrate that he had full knowledge of the tortious act by April 26, 1974, when he instituted suit against O. C. Cooper. Based on these dates, which were undisputed and conclusively established, there was no material issue of fact to be submitted to the jury for determination. See Neuhaus v. Kain, 557 S.W.2d 125 (Tex. Civ.App.-Corpus Christi 1977, writ ref’d n.r.e.) (<HOLDING>). Under these circumstances, the question was
holding that under ohio law fraud claim failed because there was no evidence of reliance holding that defense of fraud was waived where no special issue was submitted and there was disputed evidence holding that where an objection was made and trial courts ruling was treated as conclusive by state and defense counsel there was no need for further objections when evidence was presented to jury holding that the disputed issue with respect to the state law bar was properly submitted to the jury holding that counsel was ineffective for failing to assert an entrapment defense that was legally available and where there was no other viable defense to present