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SMITH v. DAVIS

No. 17095.

453 S.W.2d 340 (1970)

Truman SMITH et al., Appellants, v. Ollie B. DAVIS, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 17, 1970.

Attorney(s) appearing for the Case

Nelson, Montgomery & Robertson, and Charles A. Hotchkiss, Wichita Falls, for appellants.

Nelson, Sherrod, Carter & Oldham, and Charles Oldham, Wichita Falls, for appellee.

OPINION

BREWSTER, Justice.

Plaintiff, Ollie Davis, sued Truman Smith, Coy Smith, Edward Herles and wife, Shirley, and William T. Nolan and wife, Lois Ann, for the unpaid balance of principal and interest owing on an installment note that was originally in the amount of $6,450.00, for a reasonable attorney's fee, and for foreclosure of a deed of trust lien on a house and lot.

The note was executed by Edward and Shirley Herles on September 10, 1962...

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