Gardner v. Union Bank & Trust Co. of Fort Worth

SPEER, Justice.

This is an appeal from the confirmation of a sale of real and personal property by a receiver. The subject matter of this suit is no stranger to this court. Certain phases of the unfortunate controversy have been before us previously, as reported in Simmons et al. v. Gardner et al., Tex.Civ.App., 134 S.W.2d 338, Gardner et al. v. Union Bank & Trust Co., Tex.Civ.App., 159 S.W.2d 932, and Union Bank & Trust Co. v. Smith et al., Tex.Civ.App., 166 S.W.2d 928.

Present appellee, Union Bank & Trust Co., sued W. Scott Gardner and wife for debt and a foreclosure of a deed of trust lien…