Gillis v. Rosenheimer
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. G. H. Noonan. Suit filed on the 24th day of February, 1883, by appellants Malcolm Gillis and Elmira Gillis against John Rosenheimer, J. S. Sproul, guardian of estate of William Taylor, lunatic,' W. A. Lockart and S. A. Lockart, to enjoin the sale by John Rosenheimer, substitute trustee, under a deed of trust of two tracts of land in Bexar county, Texas, executed by W. A. Lockart and S. A. Lockart, on January 11, 1878, to secure…
Read the full summary
Appeal from Bexar. Tried below before the Hon. G. H. Noonan. Suit filed on the 24th day of February, 1883, by appellants Malcolm Gillis and Elmira Gillis against John Rosenheimer, J. S. Sproul, guardian of estate of William Taylor, lunatic,' W. A. Lockart and S. A. Lockart, to enjoin the sale by John Rosenheimer, substitute trustee, under a deed of trust of two tracts of land in Bexar county, Texas, executed by W. A. Lockart and S. A. Lockart, on January 11, 1878, to secure to defendant Sproul, guardian, the payment of a note for $400 of same date, due one year after date. A temporary writ of…
1Opinion of the Court
Walker, J. Com. App.
The remedy sought by the plaintiffs was one of a preventive character, the object of which was to restrain the defendants from placing a cloud upon their title to two certain tracts of land by a sale under a certain deed of trust on the land, the debt to secure which incumbrance they alleged was barred by limitation. The plaintiffs had acquired the land with notice of the incumbrance before the debt was thus barred; their only equity, therefore, consisted in the fact that the debt was barred at the time when they instituted this suit. To constitute the plaintiffs’…
2Cases cited4 opinions
- Carter v. GriffinTexas Supreme Court · 1869
- Smith v. FrederickTexas Supreme Court · 1869
- Ballard v. RogersTexas Supreme Court · 1842
- Forbes v. HillTexas Supreme Court · 1842
3Cited by81 opinions
- Harding v. PearsonTexas Commission of Appeals · 1932
- Johnson v. FergusonCourt of Appeals of Texas · 1932
- City of Paris v. SturgeonCourt of Appeals of Texas · 1908
- Birchfield v. BourlandCourt of Appeals of Texas · 1916
- Bexar County v.HatleyTexas Supreme Court · 1941
76 more not listed; retrieve them via the Exa API.