Knox v. Morrison
Knox v. Morrison
Addendum
This appeal is from an order dissolving an injunction, theretofore issued, restraining the sale of real property by trustee under deed of trust given to secure appellant's debt to appellees.
The injunction was sought, and originally granted, solely by virtue of the provisions of the so-called Moratorium Act, passed by the 43d Legislature (H. B. No. 231, Acts 1933, Reg. Sess. ch. 102, p. 225 [Vernon's Ann.Civ.St. art. 2218b]).
This court has previously held the act to be invalid in so far as it grants the right to restrain sales by trustees under powers conferred by deed of trust, as in this case. Murphy v. Phillips (Tex.Civ.App.)
The injunction is dissolved, and judgment affirmed.
Opinion of the Court
We deem it necessary to take this action so that appellants may have a final disposition of this appeal in this court before our temporary injunction heretofore granted is dissolved, in view of the fact that after a final disposition of this appeal here appellants may be able to secure further relief in the Supreme Court.
This cause is advanced and set for submission November 15, 1933.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.