Western Mortg. & Inv. Co. v. Ganzer
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United (States for the Northern District of Texas. 'The Western Mortgage & Investment Company, Limited, instituted this suit in the court below, praying for judgment against the appellee Ferdinand Ganzer on the latter’s notes for $4,200, interest thereon, attorney’s fees, and costs, and for foreclosure of deed of trust lien on certain lots in the city of Dallas, Tex., alleging that, on the written application of Ferdinand Ganzer,…
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Appeal from the Circuit Court of the United (States for the Northern District of Texas. 'The Western Mortgage & Investment Company, Limited, instituted this suit in the court below, praying for judgment against the appellee Ferdinand Ganzer on the latter’s notes for $4,200, interest thereon, attorney’s fees, and costs, and for foreclosure of deed of trust lien on certain lots in the city of Dallas, Tex., alleging that, on the written application of Ferdinand Ganzer, complainant had loaned him $4,200 on April 17, 1889, payable April 17, 1892, which loan .was secured by a trust deed executed…
1DissentMcCORMICK, Circuit Judge
At the last term of this court, I had to dissent from the judgment and opinion of the court in a homestead case coming before us from Texas. I have now to again dissent from the judgment and opinion in this case, which is a homestead case coming to us from the same state. I dissent from the views expressed and implied in the statement of the case made by the court in the opening of the opinion, and emphasized as premises for the reasoning of the opinion.. As I said in Ivory v. Kennedy, 6 C. C. A. 371, 57 Fed. 340, in this case there is no question of high equities before us, but a very plain…
2Cases cited21 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Inge v. CainTexas Supreme Court · 1885
- Equitable Mortgage Co. v. NortonTexas Supreme Court · 1888
- Hurt v. CooperTexas Supreme Court · 1885
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