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WHALEN v. ETHERIDGE

No. 14660.

428 S.W.2d 824 (1968)

Michael C. WHALEN, Appellant, v. J. B. ETHERIDGE et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied June 12, 1968.

Attorney(s) appearing for the Case

Marvin Foster, Luther E. Jones, Jr., Corpus Christi, for appellant.

Davis, O'Connor, & Pullen, Bruce Robertson, Jr., San Antonio, for appellees.

KLINGEMAN, Justice.

Suit by appellant, Michael C. Whalen, herein called Whalen, for wrongful foreclosure under a deed of trust securing a promissory note executed by Whalen to J. B. Etheridge and wife, Pearl T. Etheridge, herein called Etheridge, to set aside the trustee's sale in said foreclosure, and for title and possession of the property covered in said deed of trust. Appellees Etheridge, by counter-claim, sought a deficiency judgment upon said promissory note...

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