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Lewis v. Newton

Court of Civil Appeals of Texas, San Antonio
Feb 28, 1934
68 S.W.2d 524 (Tex. Civ. App. 1934)

Opinion

No. 9420.

December 20, 1933. Rehearing Denied February 28, 1934.

Appeal from District Court, Bexar County; R. B. Minor, Judge.

Suit by Ed. S. Newton and others against Nat Lewis and others. From an order granting a temporary injunction, defendants appeal.

Order reversed, and injunction dissolved.

VanderHoeven Greathouse, of San Antonio, for appellants.

Arnold Cozby, of San Antonio, for appellees.


This is an appeal from an order of the trial judge granting a temporary injunction restraining appellants from selling certain real estate under a power of sale contained in a deed of trust.

The application for injunction is based upon the provisions of the so-called Moratorium Law, House Bill No. 231, chapter 102, p. 225, General Laws 43d Legislature, 1933 (Vernon's Ann.Civ.St. art. 2218b).

We have previously held this act to be unconstitutional and void. Murphy v. Phillips (Tex.Civ.App.) 63 S.W.2d 404. We adhere to our holding in that case.

The order of the trial judge will be reversed, and the injunction dissolved.


Summaries of

Lewis v. Newton

Court of Civil Appeals of Texas, San Antonio
Feb 28, 1934
68 S.W.2d 524 (Tex. Civ. App. 1934)
Case details for

Lewis v. Newton

Case Details

Full title:LEWIS et al. v. NEWTON et al

Court:Court of Civil Appeals of Texas, San Antonio

Date published: Feb 28, 1934

Citations

68 S.W.2d 524 (Tex. Civ. App. 1934)