MABRY v. ABBOTT

No. 5057.

471 S.W.2d 442 (1971)

Frank L. MABRY et ux., Appellants, v. Genevieve (Mrs. R. T.) ABBOTT, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 7, 1971.


Attorney(s) appearing for the Case

Edwards, Faulkner & Giles, Waco, for appellants.

Sleeper, Boynton, Burleson, Williams & Johnston, Jerry L. Jamieson, Waco, for appellee.


OPINION

HALL, Justice.

In June, 1960, the appellants, Mr. and Mrs. Mabry, purchased a house and lot located in Waco, Texas from the appellee, Mrs. Abbott. A part of the consideration was a promissory note in the principal sum of $8,846.52, secured by a deed of trust on the property, executed by the Mabrys in favor of Mrs. Abbott.

Mrs. Abbott brought this action seeking a deficiency judgment after a foreclosure and sale under the deed of trust. She...

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