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COUCH v. BABB

No. 6884.

423 S.W.2d 464 (1968)

O. Dean COUCH, Jr., d/b/a Couch Mortgage Company, Appellant, v. Leslie BABB and wife, Beatrice Babb, Mrs. R. L. Thornton, and Hartford Accident and Indemnity Company, Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied January 26, 1968.

Attorney(s) appearing for the Case

Robert H. Fisher, Houston, for appellant.

Coker & Coker, Conroe, for appellees.

HIGHTOWER, Chief Justice.

Plaintiffs, Leslie Babb and wife, brought suit against O. Dean Couch, dba Couch Mortgage Company, and other defendants, for cancellation of a mechanic's and materialman's lien and deed of trust upon their homestead. Judgment consistent with their pleadings was entered in favor of plaintiffs by the court sitting without a jury. On this appeal, Couch complains of the failure of the trial court to enter judgment consistent with his cross-action...

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