Texarkana Casket Co. v. Brooks

HAMITER, Judge.

An order of executory process was .prayed for and obtained herein by plaintiff in the foreclosure of a real estate mortgage executed by defendant. Pursuant thereto, the usual writ of seizure, and sale issued and the encumbered property was seized by the proper authority and duly advertised.

Prior to the date fixed' for holding the sale, defendant presented a petition to the district court alleging in substance, (1) that the note secured by the mortgage in question had been paid and (2) that the plaintiff is a foreign corporation not authorized to transact business in this state…