Dunlap v. Voter (72 S.W.2d 1109, 1934)

HIGGINS, Justice.

This suit was filed on October 2, 1933, by the appellees, Voter and wife, against Frank B. Dunlap, A. J. Klein, A. O. Moser, and H. A. Loughborough, seeking to enjoin the sale by Dunlap of a lot in the city of Dallas under the power conferred by a deed of trust.

A temporary restraining order was issued with notice to the defendants to appear and show cause why a temporary injunction should not issue. Upon hearing a temporary injunction was granted from which order this appeal is prosecuted.

The petition, among other grounds, sought such injunction under the Moratorium Act of the 43d Legislature, chapter 102, p. 225, Reg. Sess. (Vernon’s Ann. Civ. St. art. 2218b). It is apparent from the record that the injunction order was not based upon that act. It is so conceded in the briefs. Furthermore, any question arising upon that phase of the case is now moot under recent rulings of the Supreme Court in dismissing, as moot, various cases pending before it involving the validity of the Moratorium Act.

The question now before this court is whether the relief granted was proper upon che facts pleaded and proven with reference