Martindale Mortgage Co. v. Nichols

Court of Appeals of Texas

Martindale Mortgage Co. v. Nichols

63 S.W.2d 1118

CourtCourt of Appeals of Texas

DecidedOctober 18, 1933

DocketNo. 9374.

StatusPublished

This text of 63 S.W.2d 1118 (Martindale Mortgage Co. v. Nichols) 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

Martindale Mortgage Co. v. Nichols, 63 S.W.2d 1118 (Tex. Ct. App. 1933).

Pincite

Opinion

PER CURIAM.

Appellee secured a temporary injunction restraining appellants from selling certain real estate under the power of sale contained in a certain deed of trust.

The application for injunction was based upon the provisions of House Bill No. 231, Acts 1933, Regular Session, 43d Leg., c. 102 (Vernon’s Ann.' Civ. St. art. 2218b, § 1 et seq.).

We have recently held, in the cqse of Murphy v. Phillips, 63 S.W.(2d) 404, that the provisions of House Bill No. 231, which authorize the staying of trustee sales of .real estate, are unconstitutional and void. For the '■ reasons there stated this injunction should not have been granted.

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

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