Yates v. Darby

Mr. Presiding Judge Smedley

delivered the opinion of the Commission of Appeals, Section B.

Suit was filed in the early part of 1935 by defendant in error Darby against plaintiffs in error Yates and others, who are trustees of the Port Arthur Independent School District, for the foreclosure of a judgment lien on three lots in the City of Port Arthur, in Jefferson County. The trial court’s judgment in favor of defendant in error was affirmed by the Court of Civil Appeals. 103 S. W. (2d) 1007.

The case was tried upon an agreed statement of facts, the substance of which is as follows: The three lots…