GARDNER v. MARTIN

No. A-7945.

345 S.W.2d 274 (1961)

H. J. GARDNER, Petitioner, v. Dollie Fae Stallings MARTIN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied April 26, 1961.


Attorney(s) appearing for the Case

Kenneth R. King and John E. Heitler, Tyler, for petitioner.

Goodwin & Cavin, Tyler, for respondent.


GRIFFIN, Justice.

Petitioner, as plaintiff in the trial court, sued respondents, defendants in the trial court, on a note secured by a deed of trust for debt and for foreclosure of the deed of trust on certain land described therein. Defendants filed an answer pleading that all matters and facts set up in plaintiff's petition had been fully determined and adjudicated adversely to plaintiff and in favor of defendants in a final, valid judgment theretofore rendered...

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