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HENKE v. FIRST SOUTHERN PROPERTIES, INC.

No. 6016.

586 S.W.2d 617 (1979)

Charles L. HENKE, et ux., Appellants, v. FIRST SOUTHERN PROPERTIES, INC., Appellee. FIRST SOUTHERN PROPERTIES, INC., Appellant, v. Charles L. HENKE, et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 20, 1979.

Attorney(s) appearing for the Case

C. Charles Dippel, Sears & Burns, Houston, for appellants/appellees.

Frank N. Ban, Parks & Moss, Houston, for appellee/appellant.

OPINION

McDONALD, Chief Justice.

Plaintiffs Charles L. Henke and wife sued defendants First Southern Properties, Inc., Gibraltar Savings Association, Continental Bank of Texas, Harold E. Bro, Brian E. Bro, and P. Blake Hedblom, for title and possession of a lot [and residence house] in Houston.

Plaintiffs alleged: Charles L. Henke bought the property in 1971 assuming a preexisting first lien note in original...

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