Ferguson v. Gregg

Court of Appeals of Texas

Ferguson v. Gregg

77 S.W.2d 1117

CourtCourt of Appeals of Texas

DecidedNovember 28, 1934

DocketNo. 8207

StatusPublished

This text of 77 S.W.2d 1117 (Ferguson v. Gregg) 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.

Bluebook

Ferguson v. Gregg, 77 S.W.2d 1117 (Tex. Ct. App. 1934).

Pincite

Opinion

PER CURIAM.

The district court enjoined appellants from selling real estate prior to February 1, 1935, under a trust deed. Appellee obtained the injunction under the provisions of chapter 16, General Laws, 43d Leg., Second Called Sess., generally known as the Moratorium Law (Vernon’s Ann. Civ. St. art. 2218b note).

Since this cause was submitted, the Supreme Court, in Travelers’ Insurance Co. v. Marshall, 76 S.W.(2d) 1007, has held that the Moratorium Law is void, in that it is viola-ti-ve of the Constitution of Texas. Under the authority of that case, the trial court’s judgment is reversed, the injunction is dissolved, and, since certain sums were required to be deposited by appellee in the registry of the trial court to be applied to certain charges against the property and to the mortgage indebtedness, it is ordered that the cause be remanded to that court for further proceedings not inconsistent with this opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The district court enjoined appellants from selling real estate prior to February 1, 1935, under a trust deed. Appellee obtained the injunction under the provisions of chapter 16, General Laws, 43d Leg., Second Called Sess., generally known as the Moratorium Law (Vernon’s Ann. Civ. St. art. 2218b note).

Since this cause was submitted, the Supreme Court, in Travelers’ Insurance Co. v. Marshall, 76 S.W.(2d) 1007, has held that the Moratorium Law is void, in that it is viola-ti-ve of the Constitution of Texas. Under the authority of that case, the trial court’s judgment is reversed, the injunction is dissolved, and, since certain sums were required to be deposited by appellee in the registry of the trial court to be applied to certain charges against the property and to the mortgage indebtedness, it is ordered that the cause be remanded to that court for further proceedings not inconsistent with this opinion.

Cite This Page — Counsel Stack

Bluebook (online)

77 S.W.2d 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-gregg-texapp-1934.

Opinion

Related

Cite This Page — Counsel Stack