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MITCHELL v. FOSTER

No. 4606.

492 S.W.2d 632 (1973)

Carl MITCHELL, Appellant, v. H. S. FOSTER, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 13, 1973.

Attorney(s) appearing for the Case

Ben Sudderth, Comanche, for appellant.

Joseph A. Chandler, Stephenville, for appellee.

RALEIGH BROWN, Justice.

Carl Mitchell sued H. S. Foster seeking cancellation in whole or in part of a trustee deed. Foster's motion for a summary judgment under Rule 166-A, Tex.Rules of Civ. Proc., was granted. Mitchell appeals.

Our Supreme Court stated in Great American Reserve Insurance Company v. San Antonio Plumbing Supply Company, 391 S.W.2d 41 (Tex.Sup.1965):

"Rule 166-A, Texas Rules of Civil Procedure, provides...

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