Fischer v. Simon
Texas Supreme Court
Questions certified by the Court of Civil Appeals for the First District, in an appeal from Washington County. The respective opinions of the Court of Civil Appeals for the Fourth District, in Swain v. Mitchell, and of the First District in this case, as; originally delivered, were as follows: Fly, Associate Justice (From opinions delivered in Swain v..
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Questions certified by the Court of Civil Appeals for the First District, in an appeal from Washington County. The respective opinions of the Court of Civil Appeals for the Fourth District, in Swain v. Mitchell, and of the First District in this case, as; originally delivered, were as follows: Fly, Associate Justice (From opinions delivered in Swain v.. Mitchell, Fourth District, October 30, 1901).—Hnder an act passed in 1889, now article 2369, Say les’ Statutes, it was provided that “all sales, 'of real estate made in this State under powers conferred by any deed, of trust or other contract…
1Opinion of the Court
Under an act passed in 1889, now article 2369, Sayles' Statutes, it was provided that "all sales of real estate made in this State under powers conferred by any deed of trust or other contract lien shall be made in the county in which such real estate is situated," and that "notice shall be given as now required in judicial sales." That law has not been changed or amended. At the time the law in question was enacted, the law as to judicial sales did not require the service of a notice of sale on the defendant in execution, and no such requirement existed until 1895, when the present law was…
2Cited by32 opinions
- Trimmier v. CarltonTexas Supreme Court · 1927
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Moorman v. Terrell, ComptrollerTexas Supreme Court · 1918
- Trimmier v. CarltonCourt of Appeals of Texas · 1924
- Chamberlain v. TrammellCourt of Appeals of Texas · 1910
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