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RANKIN v. CARPENTER

No. 1135.

568 S.W.2d 198 (1978)

Walter H. RANKIN et al., Appellants, v. Ray CARPENTER d/b/a Able Demolishing Company, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied July 20, 1978.

Attorney(s) appearing for the Case

Charles G. Lowry, Lowry, Pruett & McCarty, Houston, Billy E. Lee, Asst. County Atty., Houston, for appellants.

Nick Kelsey, Houston, for appellee.

MOORE, Justice.

This is an appeal from a judgment setting aside an execution sale. Plaintiff, Ray Carpenter, instituted suit to set aside the sale of a Caterpillar front-end loader sold under an execution sale by defendant, Walter H. Rankin, Constable of Precinct 1 of Harris County, Texas. Also named in the suit as defendants were David Cahoon, the purchaser at the execution sale and L. G. Cahoon, a subsequent purchaser from David Cahoon. Plaintiff alleged that the...

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