Lewis v. Newton

Court of Appeals of Texas

Lewis v. Newton

68 S.W.2d 524

Court of Appeals of Texas·Decided December 20, 1933·No. No. 9420.·Published

Opinion

MURRAY, Justice.

This is an appeal from an order of the trial judge granting a temposary injunction *525 restraining appellants from selling certain real estate under a power of sale contained in a deed of trust.

The application for injunction is based upon the provisions of the so-called Moratorium Daw, House Bill No. 231, chapter 102, p. 225, General Laws 43d Legislature, 1933 (Vernon’s Ann. Civ. St. art. 2218b).

We have previously held this act to he unconstitutional and void. Murphy v. Phillips (Tex. Civ. App.) 63 S.W.(2d) 404, We adhere to our holding in that case.

The order of the trial judge will be reversed, and the injunction dissolved.

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MURRAY, Justice.

This is an appeal from an order of the trial judge granting a temposary injunction *525 restraining appellants from selling certain real estate under a power of sale contained in a deed of trust.

The application for injunction is based upon the provisions of the so-called Moratorium Daw, House Bill No. 231, chapter 102, p. 225, General Laws 43d Legislature, 1933 (Vernon’s Ann. Civ. St. art. 2218b).

We have previously held this act to he unconstitutional and void. Murphy v. Phillips (Tex. Civ. App.) 63 S.W.(2d) 404, We adhere to our holding in that case.

The order of the trial judge will be reversed, and the injunction dissolved.

Lewis v. Newton, 68 S.W.2d 524 (Tex. Ct. App. 1933).

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Opinion

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