Legal Opinion

Moser v. Samples

Court of Appeals of Texas

Decided December 31, 1927No. 3491PublishedCited by 2 opinions

1Opinion of the CourtWillson, C. J.

(after stating tbe facts as above). Appellant insists tbe sale of tbe land by tbe substitute trustee was void, because be says tbe provision in tbe trust deed that notice of a sale thereunder should be given as was then required by Texas statutes in making sales of real estate under such deeds was not complied with.

The applicable statute in force at tbe time tbe trust deed was made was article 3759, Vernon’s Complete Texas Statutes, which required notice of a sale of land under a trust deed to be by posting, or “as required by statute in case of judicial sale,” or as provided for in tbe trust…

2Cases cited3 opinions

  1. Boone & Scarborough v. MillerTexas Supreme Court · 1893
  2. Duenkel v. Amarillo Bank & Trust Co.Court of Appeals of Texas · 1920
  3. Smith v. AllbrightCourt of Appeals of Texas · 1924

3Cited by2 opinions

  1. City National Bank of Corpus Christi v. MorganCourt of Appeals of Texas · 1929
  2. Norrell v. Maryland Casualty Co.Court of Appeals for the Fifth Circuit · 1932

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