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CALVERLEY v. GUNSTREAM

No. 18052.

497 S.W.2d 110 (1973)

George Thomas CALVERLEY et ux., Appellants, v. Lee R. GUNSTREAM et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 28, 1973.

Attorney(s) appearing for the Case

Raymond B. McCoy, Kelsoe & Paternostro, Dallas, for appellants.

Wm. W. Sweet, Jr., Bowyer, Thomas & Sweet, Alfred Sallinger, Tim Kirk, Saner, Jack, Sallinger & Nichols, Dallas, for appellees.

GUITTARD, Justice.

This suit was brought for title to a house and lot which was sold more than ten years earlier by a trustee at a non-judicial foreclosure, and in the alternative for damages for wrongful foreclosure. We hold that plaintiffs' attack on the trustee's deed is barred by limitation as a matter of law, but that a fact issue is raised concerning their claim for damages.

Facts

Plaintiffs...

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