Rachal v. Smith
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Western District of Texas. ' . * On December 19, 1898, Dula M. Rachal, joined by her husband, E. R. Rachal, J. W. Baylor and his wife, Emma E. Baylor, and J. D. Willis, filed their ancillary bill against the appellees, Francis Smith and S. G. Borden, praying for .an injunction to restrain the appellee Smith from executing a judgment at law for lands rendered on December 7, 1898, in the case of Francis Smith against…
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Appeal from the Circuit Court of the United States for the Western District of Texas. ' . * On December 19, 1898, Dula M. Rachal, joined by her husband, E. R. Rachal, J. W. Baylor and his wife, Emma E. Baylor, and J. D. Willis, filed their ancillary bill against the appellees, Francis Smith and S. G. Borden, praying for .an injunction to restrain the appellee Smith from executing a judgment at law for lands rendered on December 7, 1898, in the case of Francis Smith against E. R. Rachal et al. On January 2&, 1899, the plaintiffs, by leave of the court, filed an amended bill in the cause. The…
1Opinion of the CourtShelby, Circuit Judge
Darius C. Rachal was the owner in fee simple of the real estate in controversy. The entire tract owned by him embraced 1(5,000 acres. On March 27, 3885, having borrowed $20,000 of the British & American Mortgage Company, Limited, he executed a deed of trust on the land to securé the debt. On September 15,1887, be also executed a second mortgage on the land to secure $10,000 borrowed of John Redmond. Darius C. Rachal’s wife joined him in the execution of these mortgages, and they were duly recorded. There is no dispute as to their validity. It is well to note that Darius O. Radial was the…
2Cases cited13 opinions
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