Sowder v. Citizens Nat. Bank of Lubbock, Tex.

BRICE, Justice.

The appellant (plaintiff below) filed an action to enjoin the sale of real property advertised by a special master to be sold under an order of sale to satisfy a mortgage debt, following a decree of foreclosure; and to require the appellee (defendant below) to cancel such mortgage of record. To the second amended complaint, appellee interposed a demurrer which the court sustained. The appellant having declined to amend his complaint, judgment of dismissal was entered, from which judgment this appeal is taken.

The allegations of the complaint, material to a decision, are…