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WINTERS v. LANGDEAU

No. A-8968.

360 S.W.2d 515 (1962)

Willis R. WINTERS, Petitioner, v. C. H. LANGDEAU, Receiver of State National Life Insurance Co., Respondent.

Supreme Court of Texas.

October 3, 1962.

Attorney(s) appearing for the Case

John F. Tomlin, Pecos, for petitioner.

Cecil C. Rotsch, John R. Grace and Horace Wimberly, Austin, for respondent.

CULVER, Justice.

C. H. Langdeau was appointed Receiver of the State National Life Insurance Company on July 6, 1960. He brought this suit against Willis R. Winters to recover on a promissory note executed by Winters and payable to the Insurance Company and to foreclose a deed of trust lien on certain real property given to secure the payment of the note. Winters in answer pleaded total failure of consideration and sought cancellation of the deed of trust.

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