Brown v. Hewitt, 10981.
Decision Date | 09 May 1940 |
Docket Number | No. 10981.,10981. |
Parties | BROWN et ux. v. HEWITT et al. |
Court | Texas Court of Appeals |
Appeal from District Court, Harris County; Ewing Boyd, Judge.
Suit by David L. Brown and wife against George W. Hewitt and others, to enjoin the defendants from exercising the power of sale contained in a note and deed of trust. From a judgment refusing an injunction, the plaintiffs appeal.
Reversed and remanded with instructions to issue injunction.
Hardway, Woodruff & Austin, of Houston, for appellants.
Fitzpatrick & Wells, of Houston, for appellees.
This appeal is from a judgment of the 55th District Court of Harris County, sitting without a jury, refusing to enjoin the appellees, on appellants' application, from exercising the power-of-sale contained in a $6,620.14-note and deed-of-trust upon a portion of Lots 9 and 10 of Magnolia Park Subdivision No. 1 in Houston, which the latter had executed and delivered to the former on May 25 of 1937; other incidental relief, such as appellants' claim for the value of an abstract of title to such property the appellees held, was also refused, and the court further fixed $500 as a reasonable attorneys' fee for the services appellees' attorneys had rendered them in connection with such note, but specifically provided that no execution should issue against appellants for that item.
At appellants' request, the trial court filed, as in support of its judgment, these findings of fact and law, which are not challenged in any respect deemed material upon this appeal, to-wit:
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