NATIONAL WESTERN LIFE INSURANCE CO. v. MIOLA

No. 4412.

394 S.W.2d 40 (1965)

NATIONAL WESTERN LIFE INSURANCE COMPANY and J. A. Ring, Appellants, v. Michael MIOLA et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

September 9, 1965.


Attorney(s) appearing for the Case

Kleberg, Mobley, Lockett & Weil, J. Lev Hunt, Corpus Christi, for appellants.

Mahoney, Shaffer & Hatch, Corpus Christi, for appellees.


WILSON, Justice.

A temporary injunction was granted restraining foreclosure of a deed of trust lien under power of sale. In our opinion, there is no evidence of probative force to authorize the order and we reverse.

The injunction was sought on the basis that appellant company agreed that it would be mandatory, rather than optional, that funds in escrow should be used to make note payments if the borrower defaulted. The petition alleged that "as a part of...

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