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HOUSTON BANK & TRUST COMPANY v. LEE

No. 13706.

345 S.W.2d 320 (1961)

HOUSTON BANK & TRUST COMPANY, Appellant, v. Gabriel J. LEE et ux., Appellees.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied April 6, 1961.

Attorney(s) appearing for the Case

Virgil Childress and Childress, Port & Crady, Houston, for appellant.

Fuller & Evans, John M. Evans, Denver, Colo., and Vinson, Elkins, Weems & Searls, C. E. Bryson and Ben H. Rice, III, Houston, for appellees.

COLEMAN, Justice.

Gabriel J. Lee, Sr., and his wife, Marie Clark Lee, brought suit in the District Court of Harris County, Texas, to recover possession of certain real and personal property from Houston Bank & Trust Company. The parties will be designated as they were in the Trial Court. Both parties filed motions for summary judgment and plaintiffs' motion was sustained. Defendant has properly appealed to this Court. On June 17, 1959, defendant was appointed...

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