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FORTNER v. JOHNSON

No. 16726.

404 S.W.2d 892 (1966)

Frank N. FORTNER et al., Appellants, v. Earl B. JOHNSON, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 17, 1966.

Attorney(s) appearing for the Case

Burford, Ryburn & Ford, Wayne Pearson and Robert A. Wooldridge, Dallas, for appellant Frank N. Fortner.

David S. Curtis, Dallas, for appellant Sandra Lee Sample.

Bradford & Pritchard, and W. A. Pritchard, Dallas, for appellee.

OPINION

LANGDON, Justice.

This suit involves notes and assignments. It was tried before a jury.

On September 11, 1961 the appellant, Frank N. Fortner, conveyed to the appellee, Earl B. Johnson, thirty-five (35) acres of land in Dallas County. As part consideration Johnson executed and delivered to Fortner a $73,000.00 first lien note payable to order of the latter. The note bore interest at five (5) per cent per annum. It was payable in seven annual...

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