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SUTTON v. GROGAN SUPPLY COMPANY, LUMBER DIVISION

No. 8079.

477 S.W.2d 930 (1972)

Curtis SUTTON et ux., Appellants, v. GROGAN SUPPLY COMPANY, LUMBER DIVISION, et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

February 29, 1972.

Attorney(s) appearing for the Case

Guy Jones and Lynn Cooksey, Texarkana, for appellants.

Tom J. Mays, Carney & Mays, Atlanta, for appellees.

RAY, Justice.

Curtis Sutton and wife, Donna Sutton (Plaintiffs) Appellants, brought suit against Grogan Supply Company, Lumber Division; C. M. Grogan, Trustee, and Charles E. Harrist (Defendants) Appellees, seeking to cancel a second lien note and the deed of trust and vendor's lien securing it. The instruments sought to be canceled (introduced into evidence without limitation as joint exhibits) were dated August 26, 1964, and suit was brought on June 12, 1969, more...

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