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BROWN v. DE LA CRUZ

No. 03-0703.

156 S.W.3d 560 (2004)

Columbus P. BROWN, a/k/a C.P. Brown, Petitioner, v. Arturo DE LA CRUZ, Respondent.

Supreme Court of Texas.

Decided December 3, 2004.

Attorney(s) appearing for the Case

Bryan H. Hall, Richard & Hall, P.C., El Paso, Jeffery B. Thompson, Alto, NM, for petitioner.

Anthony C. Aguilar, Law Office of Tony Aguilar, El Paso, for respondent.

Deborah G. Hankinson, Rick Thompson, Law Office of Deborah Hankinson, PC, Dallas, for amicus curiae Texas Financial Services Association.

Greg Abbott, Atty. Gen., Danica Lynn Milios, Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Office of Atty. Gen., Austin, for amicus curiae State of Texas.

Michael S. Lee, The Lee Firm, Corpus Christi, for amicus curiae Jose Torres.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice OWEN, Justice O'NEILL, Justice WAINWRIGHT, and Justice MEDINA joined.

Since 1995, the Texas Property Code has required that sellers by executory contract (or "contract for deed") of certain residential property in Texas must record and transfer a deed within thirty days of final payment.1 In this case, a seller subject to the statute...

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