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WALLACE v. INCOME PROPERTIES/EQUITY TRUST, ETC.

Nos. 12443, 12447.

538 S.W.2d 17 (1976)

Lenwood WALLACE, Appellant, v. INCOME PROPERTIES/EQUITY TRUST OF SANTA ANA, CALIFORNIA, Appellee. R. Marshall MILLER, Appellant, v. INCOME PROPERTIES/EQUITY TRUST OF SANTA ANA, CALIFORNIA, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 30, 1976.

Attorney(s) appearing for the Case

J. L. Culpepper, Houston, for Lenwood Wallace.

Paul C. Murphy, III, Murphy, Fenley & Lee, Houston, for R. Marshall Miller.

Douglass D. Hearne, Stayton, Maloney, Hearne & Babb, Austin, for appellee.

PHILLIPS, Chief Justice.

These two plea of privilege cases were docketed separately by this Court; one was heard in oral argument and the other submitted on briefs; however, as they involve identical questions and the appellee (the plaintiff below) is the same in both cases, we are consolidating them for the purpose of this opinion.

The appellee, Income Properties/Equity Trust of Santa Ana, California, brought suit in Williamson County on a promissory note...

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