(Download) "Sonny Arnold v. Sentry Savings Association and Lorin Kumley" by Seventh District, Amarillo No. 9238 Texas Court of Civil Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Sonny Arnold v. Sentry Savings Association and Lorin Kumley
- Author : Seventh District, Amarillo No. 9238 Texas Court of Civil Appeals
- Release Date : January 25, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
ON MOTION FOR REHEARING In their motion for rehearing, respondents Sentry Savings Association and Lorin Kumley correctly note that our writ of injunction, as well as our order and opinion supporting it, are overly broad. The writ of injunction issued to preserve the subject matter of the appeal in our Cause No. 9247 until we could determine the propriety of a trustee's sale under paragraph 19 of the deed of trust; however, by the operation of our language, we effectively enjoined a trustee's sale of the subject realty under any and all provisions of the deed of trust. This result was neither requested by petitioners nor intended by us, for any prohibition of authorized remedial action unrelated to the issue presented for determination is unwarranted. Accord, Pait v. International Brotherhood of Boiler, etc., 322 S.W.2d 349, 355-56 (Tex.Civ.App. Houston 1959, no writ).