The Laws of Texas, 1934-1935 [Volume 29] Page: 55 of 2,086
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FORTY-THIRD LEGISLATURE-SECOND CALLED SESSION. 45
that there may be more than two years taxes delinquent on the
property the sale of which is sought to be restrained.
Upon said hearing, the Court shall determine the reasonable
rental value of said property and shall direct and require such
mortgagor or debtor to pay all or a reasonable part of such
income or rental value into or toward the payment of the indebtedness
owing and the court shall further direct and require
such payments to be made at such times and in such manner
as shall be fixed and determined by the order of the Court as
under the circumstances may be deemed equitable and just, and
that the court shall direct that such rental payment be applied
to the payment of taxes, insurance, interest, and to the mortgage
indebtedness in the order named.
The provisions of this Act shall not apply to loans due the
Federal Government, or any agency thereof, nor to any taxes
due the State, county or any political subdivision thereof; provided,
however, that the provisions of this Act shall specifically
apply to suits involving foreclosure of liens for levee district
SEC. 4. Where it is made to appear to the Court that the
proper protection of the property and the rents and revenues
to be derived therefrom can be better served by the appointment
of a receiver to take charge of and manage and control
the property during the period for which any cause may be
continued or the period for which a stay of execution or an
injunction shall be effective, the Court shall be authorized to
appoint some suitable person to act as receiver of such property
and to manage and control the same under the orders of
the Court and make such distribution of the rents and revenues
as the Court may direct.
SEC. 5. At the end of the period for which the temporary
injunction, or the continuance, or the stay of execution, as the
case may be, was granted and on further similar application,
notice and hearing, the Court or Judge may in his discretion
enter a further order for temporary injunction or continuance
or stay in like manner and upon the same conditions as contained
in Sections 2 and 3 hereof. But in no event shall the
operation of the original or the subsequent order extend beyond
February 1, 1935.
SEC. 6. Upon the showing that the defendant or the relator
has failed to comply with the order of the Court for the
payment of rent on the property involved, or that the conditions
of the relator or defendant have changed to such an extent
as to make the grounds upon which any continuance, stay
order, or injunction was granted inapplicable, the Court shall
forthwith enter an order setting aside the continuance or the
stay of execution, or the injunction and proceed with the trial
of the case on its merits, or permit the property to be sold as
the case may be.
SEC. 7. The motion for continuance or for stay of execution
or the petition for injunction shall be addressed to the sound
discretion of the trial Court and the action of the Court in re-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17292/m1/55/: accessed July 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .