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PHILLIPS v. LATHAM

No. 5714.

551 S.W.2d 103 (1977)

Durwood O. PHILLIPS et al., Appellants, v. C. T. LATHAM et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 26, 1977.

Attorney(s) appearing for the Case

Charles Ben Howell, H. Averil Sweitzer, Dallas, for appellants.

John A. Pace, Dallas, for appellees.

OPINION

McDONALD, Chief Justice.

This suit arose out of an allegedly wrongful trustee's sale of a residence owned and occupied by plaintiffs Latham. They sued C. R. Smith, who held a second lien note secured by deed of trust under which the property was sold, Charles Ben Howell, substitute trustee, and Phillips who bought the property at the sale. Plaintiffs' petition included a count in trespass to try title and also a count for actual and exemplary damages...

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