Easterwood v. Rash

Court of Appeals of Texas

Easterwood v. Rash

46 S.W.2d 1118, 1932 Tex. App. LEXIS 143

CourtCourt of Appeals of Texas

DecidedMarch 5, 1932

DocketNo. 10955

StatusPublished

This text of 46 S.W.2d 1118 (Easterwood v. Rash) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Easterwood v. Rash, 46 S.W.2d 1118, 1932 Tex. App. LEXIS 143 (Tex. Ct. App. 1932).

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Opinion

LOONEY, J.

This is an action of trespass to try title by John W. Easterwood and wife, Prances Easterwood, against H. L. Rash, to recover the title and possession of 100 acres of land situated in Henderson county. Defendant’s answer contained a plea of not guilty and allegations to the effect that the trustee’s deed, under which plaintiffs asserted title, was void because it resulted from a sale of the land under a trust deed, to pay an interest installment note given on a usurious contract. On trial before the court without a jury, the special defense pleaded was sustained, and judgment resulted that plaintiffs take nothing, and that the trustee’s deed under which they claimed title be removed as a cloud from the title of defendants. Plaintiffs excepted and perfected appeal to this court, but neither party briefed the case, nor was a motion made to dismiss the appeal, but, on submission, an attorney representing appellee was present in court and asked that the case be affirmed on the record.

We have examined the record for fundamental error, that being the only question we are called upon to consider, and, finding that the judgment could have been legally rendered and no error of law appearing, the case is affirmed on the following authorities: Halbert v. Toyah Valley Bank (Tex. Civ. App.) 175 S. W. 508; Burkhalter v. Webb (Tex. Civ. App.) 209 S. W. 216; Spark v. Lasater (Tex. Civ. App.) 234 S. W. 1108.

Affirmed.

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LOONEY, J.

This is an action of trespass to try title by John W. Easterwood and wife, Prances Easterwood, against H. L. Rash, to recover the title and possession of 100 acres of land situated in Henderson county. Defendant’s answer contained a plea of not guilty and allegations to the effect that the trustee’s deed, under which plaintiffs asserted title, was void because it resulted from a sale of the land under a trust deed, to pay an interest installment note given on a usurious contract. On trial before the court without a jury, the special defense pleaded was sustained, and judgment resulted that plaintiffs take nothing, and that the trustee’s deed under which they claimed title be removed as a cloud from the title of defendants. Plaintiffs excepted and perfected appeal to this court, but neither party briefed the case, nor was a motion made to dismiss the appeal, but, on submission, an attorney representing appellee was present in court and asked that the case be affirmed on the record.

We have examined the record for fundamental error, that being the only question we are called upon to consider, and, finding that the judgment could have been legally rendered and no error of law appearing, the case is affirmed on the following authorities: Halbert v. Toyah Valley Bank (Tex. Civ. App.) 175 S. W. 508; Burkhalter v. Webb (Tex. Civ. App.) 209 S. W. 216; Spark v. Lasater (Tex. Civ. App.) 234 S. W. 1108.

Affirmed.

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46 S.W.2d 1118, 1932 Tex. App. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easterwood-v-rash-texapp-1932.

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