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MONTAGUE v. BRASSELL

No. 7044.

443 S.W.2d 703 (1969)

Lawrence E. MONTAGUE, Jr., et al., Appellants, v. Willie Oneida BRASSELL et vir, Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied June 5, 1969.

Attorney(s) appearing for the Case

Beck & Beck, Beaumont, for appellants.

W. O. Bowers, Jr., Beaumont, John P. Ritchie, Mineral Wells, for appellees.

STEPHENSON, Justice.

Willie Oneida Brassell brought this action against Lawrence E. Montague, Jr., independent executor of the estate of Lawrence E. Montague, deceased. This action is one for damages for waste, or diminution in the value of the security upon which plaintiff had a deed of trust lien. In essence, the cause of action is to recover a specific $2,346.95 in the hands of defendant. Trial was before the court, and judgment was rendered for plaintiff as prayed...

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