[DOWNLOAD] "Land Title Company Dallas v. F.M. Stigler" by Fourth District, San Antonio Court of Appeals of Texas " Book PDF Kindle ePub Free
eBook details
- Title: Land Title Company Dallas v. F.M. Stigler
- Author : Fourth District, San Antonio Court of Appeals of Texas
- Release Date : January 10, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This priority of liens case involves the question of ratification by a principal of the unauthorized act of its agent. Floyd M. Stigler, Inc. and others sued Leon D. Hogg, Jr. for recovery on its note and for judicial foreclosure of its deed of trust. Stigler also sued HNC Realty Company to set aside the foreclosure sale, to declare the subordination agreement invalid, and to declare its prior deed of trust lien superior to HNCs deed of trust. Hogg and HNC filed third-party actions against Land Title Company of Dallas, Inc., d/b/a Southwest Land Title Company, for indemnity and contribution. The trial court found that plaintiff Floyd M. Stigler, Inc. ratified the action of its agent, R. B. Russell, by retaining the benefits of an unauthorized transaction executed by Russell subordinating the Stiglers first lien to that of HNC Realty Company. The trial court rendered judgment that Stigler take nothing against HNC. The court of civil appeals reversed the judgment of the trial court and remanded the cause. 595 S.W.2d 158. We reverse the judgment of the court of civil appeals and affirm the judgment of the trial court.