Fidelity Union Life Ins. Co. v. Gilbert

WALTHALL, Justice.*

Appellee, J. C. Gilbert, brought this suit to restrain the Fidelity Union Fire Insurance Company, a corporation, and the Fidelity Union Life Insurance Company, a corporation, from making sale, under a deed of trust, of 38 acres of land situated in Hopkins county, and fully described in his petition. The facts, as here stated, are undisputed and show the following: On the 1st day of November, 1924, W. M. Mc-Gown executed and delivered to the Texas Realty Mortgage Company of Dallas, Tex., three promissory notes of '$100 each, one promissory note for $800; the three $100 notes…