Treetop Apartments General Partnership v. Oyster
Court of Appeals of Texas
1Opinion of the Court
CARROLL, Justice.
The purchaser of an apartment building at foreclosure sale sued the former owner for rents collected before the sale. The trial court granted judgment for the purchaser for a share of the rents and for attorney’s fees. We will reverse and render in part, and reverse and remand in part.
BACKGROUND
Treetop Apartments General Partnership asks us in this case to uphold established law regarding a mortgagor’s right to rents.
On November 7, 1988, Treetop lost the Treetop Apartments to Stephen Oyster at a foreclosure. Treetop had collected almost $8,000 of the November rents at the…
2Cases cited5 opinions
- First Southern Properties, Inc. v. ValloneTexas Supreme Court · 1976
- Fajkus v. First National Bank of GiddingsCourt of Appeals of Texas · 1987
- Wright v. FardoCourt of Appeals of Kentucky · 1979
- Gulf Stream Realty Co. v. Monte Alto Citrus Ass'nCourt of Appeals of Texas · 1952
- Standridge v. VinesCourt of Appeals of Texas · 1935
3Cited by5 opinions
- Donahue v. BOWLES, TROY, DONAHUE, JOHNSON, Texas Court of Appeals, 5th District (Dallas)1997
- Citizens Bank & Trust v. Brothers Construction & Manufacturing, Inc.Court of Appeals of Kansas · 1993
- Donahue v. BOWLES, TROY, DONAHUE, JOHNSON, Texas Court of Appeals, 5th District (Dallas)1997
- Pamela Kay Carpenter and Jeffrey Scott Carpenter v. Robert Joseph Carpenter, David Trent Deaton, James Earl Ward, Edmond Wayne Carpenter, Frankie Marie Carpenter Perry, Michael D. Harris, Edmond Powell Carpenter, Jo Beth Ross, Laverne Ward Willmond, Gary Don Carpenter, Sammy Harris, Gary Don Mosley, Texas Court of Appeals, 2nd District (Fort Worth)2011
- Pamela Kay Carpenter and Jeffrey Scott Carpenter v. Robert Joseph Carpenter, David Trent Deaton, James Earl Ward, Edmond Wayne Carpenter, Frankie Marie Carpenter Perry, Michael D. Harris, Edmond Powell Carpenter, Jo Beth Ross, Laverne Ward Willmond, Gary Don Carpenter, Sammy Harris, Gary Don Mosley, Texas Court of Appeals, 2nd District (Fort Worth)2011