Bourke v. Vanderlip
Texas Supreme Court
Appeal from Bexar. Tried below before S. Gr. Newton, Esq., selected as special judge, by the parties, the presiding judge being disqualified to try the case. Suit by appellant, against Newton A. Mitcbell, executor, and Adelia Vanderlip, executrix of David C. Vanderlip, deceased, and James Paul, to enjoin the sale of the press, type, &c., belonging to the office of the San Antonio Ledger.
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Appeal from Bexar. Tried below before S. Gr. Newton, Esq., selected as special judge, by the parties, the presiding judge being disqualified to try the case. Suit by appellant, against Newton A. Mitcbell, executor, and Adelia Vanderlip, executrix of David C. Vanderlip, deceased, and James Paul, to enjoin the sale of the press, type, &c., belonging to the office of the San Antonio Ledger. The petition stated, that a deed of trust had been given by the appellant, and two others, whose interest he had since acquired, to said Paul, upon the said type, press, &c., to secure the payment to David C.…
1Opinion of the Court
Wheeler, Ch. J.
It is not perceived, that there was any legal impediment to the making of a valid agreement, in consideration of the giving of further time to the debtor, to waive, on his part, the twenty days’ notice provided for in the deed of *223trust. In the face of such an agreement, (which had been acted on by the giving of the time, by the creditor,) the debtor, we think, was not entitled to the aid of a court of equity, to be relieved from his agreement, by an injunction to restrain the sale.
It is insisted, that the judgment was erroneously rendered for the defendants in the injunction,…
2Cited by14 opinions
- Ogden & Johnson v. BosseTexas Supreme Court · 1894
- Alexander v. WalkerCourt of Appeals of Texas · 1922
- Eddy v. BosleyCourt of Appeals of Texas · 1903
- Warren v. KohrCourt of Appeals of Texas · 1901
- Garrett v. KelleyCourt of Appeals of Texas · 1928
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