Court of Civil Appeals of Texas, 1936

J. C. Crowley v. F. A. Redmond

J. C. Crowley v. F. A. Redmond
Court of Civil Appeals of Texas · Decided January 10, 1936 · Brown
90 S.W.2d 1118 (South Western Reporter, Second Series)

J. C. Crowley v. F. A. Redmond

Opinion of the Court

*1119 BROWN, Justice.

This cause was before us in 1931; the opinion being in 123 Tex. 315, 41 S.W.(2d) 274, affirmed after writ of error was granted, 123 Tex. 315, 70 S.W.(2d) 1113.

On the former hearing we held that the sale under the power given the trustee in the deed of trust was void, and that Redmond was relegated to his alternative plea, or second count in his petition, viz. to establish his debt and lien and have same foreclosed through a judgment of the court. 'This was done in the district court, and the appeal taken from that judgment.

We find nothing in the present appeal that causes us to believe any error has been committed by the trial court. All assignments of error are overruled, and the judgment. of the trial court is affirmed.

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