Palmer v. Jaggaers
Court of Appeals of Texas
Appeal from District Court, Franklin County; J. A. Ward, Judge. Suit by J. M. Jaggaers and wife to restrain the sale of real estate by Ed I. Palmer as trustee under a trust deed to secure a debt owing to the North Texas Dry Goods Company, and to have the deed declared void. Cross-action by the Dry Goods Company for foreclosure of the trust deed.
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Appeal from District Court, Franklin County; J. A. Ward, Judge. Suit by J. M. Jaggaers and wife to restrain the sale of real estate by Ed I. Palmer as trustee under a trust deed to secure a debt owing to the North Texas Dry Goods Company, and to have the deed declared void. Cross-action by the Dry Goods Company for foreclosure of the trust deed. From judgment of foreclosure as to part of the land only, but granting plaintiffs the relief sought as to the remainder, defendants appeal. By a deed dated November 20, 1911, ap-pellee J. M. Jaggaers conveyed 50 by 120 feet of land in the town of…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1] The trial court did not err when he overruled appellants’ plea claiming a privilege to be sued in either Hopkins county, where Palmer resided, or in Lamar county, where the dry goods company resided. The main purpose of the suit was to obtain a decree declaring the trust deed of no effect because void as an attempt to create a lien on appellees’ homestead. The relief sought in the prayer for the writ of injunction was ancillary merely to that purpose, and therefore the statute invoked (article 4653, Vernon’s Statutes) did not apply to the suit. Royal…
2Cases cited1 opinion
- Royal Amusement Co. v. Columbia Piano Co.Court of Appeals of Texas · 1914
3Cited by4 opinions
- Nolen v. HardingCourt of Appeals of Texas · 1921
- Atchison, Topeka & Santa Fe Railway Co. v. Superior Court of Creek CountySupreme Court of Oklahoma · 1962
- Marshall v. BallardCourt of Appeals of Texas · 1958
- Evans v. HudsonCourt of Appeals of Texas · 1919