Citizens Industrial Bank of Austin v. Oppenheim

BLAIR, Justice.

Appellant, Citizens Industrial Bank of Austin, Texas, instituted this proceeding against appellees, S. Oppenheim and Mrs. S. R. Oppenheim, husband and wife, for an injunction to compel the set-off of mutual judgments. Appellees answered that appellant purchased the judgment which it sought to set off against a judgment held by appellees against appellant, with knowledge and notice of the equities of the in-tervener, Mrs. Lyon, in the judgment recovered by appellees against appellant bank. A trial to the court without a jury resulted in judgment refusing to set off the mutual…