Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61. Page: 236
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236 ASTUGUEVILLE v. LOUSTAUNAU. [Galv. Term,
Argument for the appellant.
" In testimony whereof, we hereunto affix our signatures, in Galveston,
this the 15th day of March, A. D. 1877.
"J. P. ASTUGUEVILLE,
"P. LOUGE.
"Witnessed at the request of J. P. Astugueville and P. Louge:
" P. MI. PRATT,
"P. T. LANGUILLE."
" STATE OF TEXAS - County of Galveston.
" Whereas, the sale of the property described in the foregoing indenture
did not take place on 20th day of March, A. D. 1877, the
undersigned agree that the 12th day of April, A. D. 1877, may be
substituted in the foregoing contract, whenever the 20th day of
March, A. D. 1877, appears therein.
" Witness our hands and scrawls for seals, in Galveston, this 10th
day of April, A. D. 1877.
" P. LOUGE,
"Witnesses: "J. P. ASTUGUEVILLE.
"P. T. L&NGUILLE,
" ARTHUR J. WOLF."
These instruments were both acknowledged before a notary public,
and recorded in office of clerk of county court of Galveston county.
On the 12th day of April, A. D. 1879, Pierre Louge became the
purchaser at trust sale made by the trustee under the Hurt deed of
trust, and on the 13th day of April, A. D. 1877, he (Louge) conveyed
the property to Astugueville for his three notes of $775 each,
due at six, twelve and eighteen months. Astugueville on the same
day executed and delivered to P. M. Pratt, trustee, his deed of
trust on the property to secure these notes, the trust deed having,
in addition to the usual stipulations, an express warranty of title
on the part of Astugueville to the purchaser under this deed of
trust. Also that all particulars and prerequisites of sale, including
advertisement, should be presumed to have been performed. This
deed of trust duly acknowledged and recorded.
On the 2d day of April, A. D. 1881, Astugueville and Louge
made an additional agreement renewing two of the notes (one having
been paid), in consideration of the indulgence of Louge in not
foreclosing the deed of trust up to that date.
On the 10th day of June, A. D. 1882, Pratt, the trustee, sold the
property, after advertisement. Baptiste Loustaunau, the appellee
here, became the purchaser.
Robert G. Street and H. K. Mann, for appellant, cited: Const. of
1876, General Provisions, sec. 50, art. XVI.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61., book, 1903; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28513/m1/252/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .