Legal Opinion

Thornton v. Goodman

Court of Appeals of Texas

Decided April 6, 1916No. 552. [fn*]Published

Appeal from District Court, El Paso County; P. R. Price, Judge. Suit by Lewis Goodman against A. M. Thornton and others to set aside a sale by a trustee under a deed in trust. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtHiggins, J.

On February 14, 1911, Lewis Goodman and his wife conveyed to Atlas Jones certain premises in the city of El Paso; the same being conveyed in trust to secure the payment of the grantors’ note in sum of $2,500, due one year after date, payable to order of A. M. Thornton, the wife of A. L. Thornton. The note provided for an attorney’s fee of 10 per cent., if placed in the hands of an attorney for collection. The deed in trust granted to the trustee the usual authority to sell upon default in payment of note. By virtue of the authority so delegated, the trustee sold the premises on the first…

2Cases cited11 opinions

  1. Tenison v. PattonTexas Supreme Court · 1902
  2. McCord v. W.A. NaboursTexas Supreme Court · 1908
  3. Nabours v. McCordTexas Supreme Court · 1907
  4. Nabours v. McCordTexas Supreme Court · 1904
  5. Dyer v. ShurtleffMassachusetts Supreme Judicial Court · 1873

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