Dallas Joint Stock Land Bank v. Rutherford

GALLAGHER, Chief Justice.

A brief statement of the facts out of which this litigation arose will aid in understanding the issues involved. The Dallas Joint Stock Land Bank, appellant herein, held a deed of trust given by G. G. Rutherford and wife, Mary Rutherford, on two tracts of land aggregating 112 acres, which were the same tracts sued for herein. Appellant caused said land to be sold by the trustee in satisfaction of its debt Said sale was made September 1, 1931, and appellant became the purchaser thereat. The validity of such sale was contested in the courts. Appellant recovered final…