Opinion

Ferguson v. Gregg

  • 77 S.W.2d 1117
Court
Court of Appeals of Texas
Filed
Nov 28, 1934
Status
Published
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

PER CURIAM.

The district court enjoined appellants from selling real estate prior to February 1, 1935, under a trust deed. Appellee obtained the injunction under the provisions of chapter 16, General Laws, 43d Leg., Second Called Sess., generally known as the Moratorium Law (Vernon’s Ann. Civ. St. art. 2218b note).

Since this cause was submitted, the Supreme Court, in Travelers’ Insurance Co. v. Marshall, 76 S.W.(2d) 1007 , has held that the Moratorium Law is void, in that it is viola-ti-ve of the Constitution of Texas. Under the authority of that case, the trial court’s judgment is reversed, the injunction is dissolved, and, since certain sums were required to be deposited by appellee in the registry of the trial court to be applied to certain charges against the property and to the mortgage indebtedness, it is ordered that the cause be remanded to that court for further proceedings not inconsistent with this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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