31 S.W. 531 | Tex. App. | 1895
In this case there is no statement of facts, appellant basing his appeal upon the conclusions of fact found by the trial court and an agreement (signed by the parties, but not approved by the judge) to the effect that the deed of trust executed by Joseph Bailey to Robert Vaughan, and mentioned in the court's conclusions of fact and law, contains the following clause: "And if from any cause the said trustee shall fail or be unable to act in carrying out the provisions of this trust, then the holders and owners of said note may in writing appoint a substitute trustee, and all the acts of such substitute shall be as valid and binding on me as though performed by the original trustee."
Under the doctrine announced in Johnson v. Blount,
By written agreement signed by counsel for both parties, this is the only question we are called upon to decide, and we hold that the ruling thereon by the court below was correct.
Affirmed.