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CHESSER v. MURPHY

No. 14483.

386 S.W.2d 164 (1965)

Ann CHESSER, Appellant, v. Johnie C. MURPHY et ux., Appellees.

Court of Civil Appeals of Texas, Houston.

January 14, 1965.

Attorney(s) appearing for the Case

Joel W. Cook and Ansel M. Kahn, Houston, for appellant.

Elliott & Elliott, Loran L. Elliott, Houston, for appellees.

WERLEIN, Justice.

This suit was brought by appellees, Johnie C. Murphy and wife, against John Chesser and wife, Ann Chesser, and William E. Thomas and wife, to recover a deficiency judgment following foreclosure under powers of sale contained in a deed of trust and chattel mortgage. Thomas and wife, who were not served with citation, were dismissed from the suit without prejudice, and a default judgment was taken on March

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