Taylor v. Williams
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District in an appeal from Marion County. Williams and others sued to enjoin sale under a trust deed securing a note to Taylor on land claimed by plaintiffs. The injunction was made perpetual in the trial court; and this was affirmed on appeal by Taylor, who then obtained writ of error.
1Opinion of the CourtJustice Williams
The fundamental question in this case is whether or not the power of sale given in a deed of trust upon land executed by J. T. Smith for the benefit of plaintiff in error, to secure the payment of Smith’s note, is still existent, or has been revoked by the death of W. J. Williams, to whom Smith conveyed the land, followed by independent administration upon Williams’ estate. The action was brought June, 1903, by W. T. Williams, the executor of W. J. Williams, and Helen Smith, the heir of J. T. Smith, as plaintiffs, to enjoin a threatened sale of the property by Armistead as trustee in the…
2Cases cited14 opinions
- Roy v. WhitakerTexas Supreme Court · 1898
- Robertson v. PaulTexas Supreme Court · 1856
- McLane v. PaschalTexas Supreme Court · 1877
- Buchanan v. MonroeTexas Supreme Court · 1858
- Black v. RockmoreTexas Supreme Court · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Wiener v. ZweibTexas Supreme Court · 1912
- Walton v. First National Bank of Trenton, Texas Court of Appeals, 6th District (Texarkana)1997
- Fischer v. BrittonTexas Supreme Court · 1935
- Natalia v. WitthausTexas Supreme Court · 1940
- Morris v. DavisCourt of Appeals of Texas · 1927
22 more not listed; retrieve them via the Exa API.