Gant v. Stewart

TIREY, Justice.

Plaintiffs, in their original petition, sought to enjoin the foreclosure sale under a deed of trust to certain property in the city of Houston and also sought to cancel the note and the deed of trust by virtue of which the foreclosure sale purported to proceed. The temporary injunction was denied and the trustee proceeded to make sale of the property under the terms of the deed of trust. Thereafter the appellee filed a cross-action for title and possession of the property and also sought judgment for a deficiency. Plaintiffs entered a plea of not guilty. The cause was tried…