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CROWDER v. FIRST FEDERAL SAV. & LOAN ASS'N

No. 1110.

567 S.W.2d 550 (1978)

A. Don CROWDER et ux., Appellants, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF DALLAS, Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied June 22, 1978.

Attorney(s) appearing for the Case

Michael Greenberg, Irving, for appellants.

Michael W. McManus, Weinberg, Sandoloski & McManus, Dallas, for appellees.

MOORE, Justice.

This is an appeal from a summary judgment. Plaintiffs, A. Don Crowder and wife, executed two secondary mortgages on their homestead securing loans for the construction of a swimming pool and a tennis court. The mortgage instruments were then assigned to defendant, First Federal Savings & Loan Association of Dallas (First Federal). Plaintiffs, although not in default on the notes, brought suit against defendant, First Federal, alleging that the...

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