# Brown v. National Loan & Investment Co.

> Court of Appeals of Texas · March 14, 1940 · 139 S.W.2d 364

URL: https://www.frixlaw.com/law-library/cases/9827411

## Case

- **Full name:** BROWN Et Al. v. NATIONAL LOAN & INVESTMENT CO.
- **Court:** Court of Appeals of Texas
- **Decided:** March 14, 1940
- **Citations:** 139 S.W.2d 364; 1940 Tex. App. LEXIS 260
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Price
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9827411

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9827411. Public record. Not legal advice.