FRANKLIN OFFICES, INC. v. HARDING

No. 19877.

579 S.W.2d 254 (1979)

FRANKLIN OFFICES, INC. and Dr. Elvin K. Franklin, Appellants, v. Charles F. HARDING and Charles W. Spencer, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 7, 1979.


Attorney(s) appearing for the Case

Alan Wilson, Winstead, McGuire, Sechrest & Trimble, Dallas, for appellants.

G. Leroy Street, Geary, Stahl, Rohde & Spencer, Dallas, for appellees.

Before GUITTARD, C. J., STOREY and HUMPHREYS, JJ.


HUMPHREYS, Justice.

A district court denied plaintiffs' application for temporary injunction to restrain a foreclosure sale of land under a deed of trust, and we granted their application for an ancillary writ of temporary injunction to preserve our jurisdiction. The basis allowed for injunctive relief is that the loan in question is usurious and, after applying statutory usury penalties, that there was no balance in default justifying foreclosure. Plaintiffs assert...

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