Arlin Properties, Inc. v. Utz

OPINION

LANGDON, Justice.

This is an appeal from a summary judgment.

On March 3, 1970, a suit was filed in Cause No. 141-731-70, styled “Arlin Properties, Inc. v. Herman I. Morris, Trustee,” to halt a trustee sale of the property in question scheduled for 10:00 A.M., of the same date.

On March 5, 1970, Katherine McGuire Utz instituted suit in Cause No. 141-791-70 in which she alleged a cause of action for trespass to try title. Further the suit sought to enjoin the Snows from selling the property in question because the deed of trust is void and alleged that her deed to Utz and Collum is void and…