WINTERS v. LANGDEAU

No. 10932.

354 S.W.2d 606 (1962)

Willis R. WINTERS, Appellant, v. C. H. LANGDEAU, Receiver of State National Life Insurance Company, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 14, 1962.


Attorney(s) appearing for the Case

Russell & Tomlin, Pecos, for appellant.

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


HUGHES, Justice.

This suit was brought by C. H. Langdeau, Receiver of State National Life Insurance Company, against Willis R. Winters, appellant, to recover on a promissory note executed by Winters to the Insurance Company, prior to receivership, and to foreclose a deed of trust lien on certain real property given to secure payment of the note. Permanent receivership was granted July 6, 1960.

Appellant answered by pleading, under oath, total failure of consideration...

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