Kerr v. Galloway
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Dallas County. Galloway sued Kerr and others to recover possession of real estate and enjoin sale by Kerr under a trust deed. He appealed from an adverse judgment, which was reversed and rendered by the appellate court, whereupon Kerr, the trustee, and the Texas Loan Agency, the beneficiary, obtained writ of error.
1Opinion of the Court
GAINES, Chief Justice.
On the 20th day of May, 1889, Charles S. Swindells executed a deed in trust upon the property in controversy, to wit, a certain lot in the city of Dallas, for the purpose of securing a certain note made by him on the same day to the Dallas Land and Loan Company. The trust deed contained a power of sale and also a power of substitution in case the trustee should fail or refuse to act. It was not filed for record until September 14, 1891.
On the 26th day of November, 1889, Swindells borrowed of the Texas Loan Agency the sum of $1600 and gave seven notes therefor. The first…
2Cases cited4 opinions
- McCracken v. HaywardSupreme Court of the United States · 1844
- Schoolher, Bernstein & Co. v. HutchinsTexas Supreme Court · 1886
- Webb v. HaefferCourt of Appeals of Maryland · 1880
- W. L. Moody & Co. v. CarrollTexas Supreme Court · 1888
3Cited by18 opinions
- Zachry Construction Corporation v. Port of Houston Authority of Harris County, TexasTexas Supreme Court · 2014
- Jasper State Bank v. BraswellTexas Supreme Court · 1938
- Trinity Portland Cement Co. v. Lion Bonding & Surety Co.Texas Commission of Appeals · 1921
- Stanolind Oil & Gas Co. v. TerrellCourt of Appeals of Texas · 1944
- City of Temple v. MitchellCourt of Appeals of Texas · 1944
13 more not listed; retrieve them via the Exa API.