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McGEHEE v. RICHARDSON SAV. AND LOAN ASS'N

No. 5712.

555 S.W.2d 204 (1977)

Frank McGEHEE, Individually and as Trustee, Appellant, v. RICHARDSON SAVINGS AND LOAN ASSOCIATION et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 8, 1977.

Attorney(s) appearing for the Case

G. Leroy Street, Geary, Stahl, Koons, Rohde & Spencer, P. C., Dallas, for appellant.

Henry D. Akin, Akin, Gump, Hauer & Feld, Dallas, for appellees.

HALL, Justice.

We hold in this case that after the plaintiff's petition has been stripped of every asserted cause of action by special exceptions, a take-nothing judgment may not properly be rendered against the plaintiff.

Frank B. McGehee executed a deed of trust on certain property to secure a promissory note made by him payable to Richardson Savings And Loan. After McGehee allegedly defaulted on the note the property was sold to Richardson Savings And Loan...

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