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DRAKE v. FIRST NAT. BANK, MERCEDES

No. 12488.

254 S.W.2d 230 (1952)

DRAKE et ux. v. FIRST NAT. BANK, MERCEDES et al.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied January 21, 1953.

Attorney(s) appearing for the Case

W. G. Perkin, Edinburg, for appellants.

Kelley, Looney, McLean & Littleton, Edinburg, for appellees.

NORVELL, Justice.

This is an appeal from a summary judgment rendered for defendants in accordance with the provisions of Rule 166-A, Texas Rules of Civil Procedure. The purpose of the rule is not to decide issues of fact but to ascertain if any genuine issues of fact exist, Rolfe v. Swearingen, Tex.Civ.App., 241 S.W.2d 236, and to eliminate unmeritorious claims and untenable defenses. Kaufman v. Blackman, Tex.

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