Nutt v. Curles

PHILLIPS, Chief Justice.

This is a suit to enjoin the sale, under judicial decree, of a tract of land situated in Bastrop County, Texas.

Appellants initially filed suit in August, 1965, in the 68th District Court of Dallas County, Cause No. 65-7383-C, seeking judgment on a note secured by a Mechanic’s and Materialman’s lien on the real property in question. Appellees filed an answer, cross action, a plea of privilege and appeared in person and by their attorney at the plea of privilege hearing. Ap-pellees’ plea of privilege was overruled, after which, appellees non-suited their cross action.…