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77 S.W.2d 1117

Nall v. Calvin

Court of Appeals of Texas

Decided December 13, 1934

Court of Appeals of Texas · decided 1934-12-13

Decided 1934-12-13

O’QUINN, Justice.

¶1This is an appeal from a judgment of the district court of Jefferson county, Fifty-eighth judicial district, granting an injunction restraining appellants E. L. Kail, trustee, and the Holland-Texas Hypotheek Bank of Amsterdam, Holland, having a permit to do business in Texas, from selling certain real estate situated in Jefferson county, Tex., by virtue of a deed of trust, executed by appel-lee. The injunction was granted under the Texas Moratorium statute, Act Forty-Third Legislature, Second Called Session, chapter *111810, page 42 (Vernon’s Ann. Civ. St. art. 2218b note).

¶2In the case of Travelers’ Insurance Co. v. Schuyler B. Marshall. 76 S.W.(2d) 1007, opinion not yet published [in State report], the Supreme Court, speaking through Chief Justice Cureton, held this act unconstitutional and void.

¶3The judgment is reversed, and the injunction dissolved.

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