Opinion

Brown v. National Loan & Investment Co.

  • 139 S.W.2d 364
  • 1940 Tex. App. LEXIS 260
Court
Court of Appeals of Texas
Filed
Mar 14, 1940
Status
Published
On the bench
Price
Cited by
4 cases

The opinion

On Motion for Rehearing.

Appellant in his motion for a rehearing .calls our attention to two mistakes in the original opinion. It is not asserted that the same are of great importance. However, in the interest of accuracy, we will correct same.

In the second paragraph on page two of the opinion it is recited that Brown, trustee, “duly filed an abstract of the judgment under which he claims and thereafter caused execution to issue thereon.” The abstract of the judgment was filed out of the cause of Crane County v. Gay. Execution was later issued on that judgment and levy made on the property involved in this suit, and at the sheriff’s sale thereunder the purchaser was Brown, trustee.

In the next to the last sentence in the second paragraph on page two of the opinion it is said, “prior to the conveyance by the trustee to plaintiff.” This statement should read and the finding be, “prior to the conveyance by the substitute trustee to the plaintiff.”

We have given careful consideration to the motion of appellant, but still adhere to the views expressed in the original opinion.

The motion for rehearing is overruled.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.