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NATIONAL BANK OF COMMERCE v. MAY

No. 5243.

583 S.W.2d 685 (1979)

The NATIONAL BANK OF COMMERCE et al., Appellants, v. James L. MAY, M.D. et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 5, 1979.

Attorney(s) appearing for the Case

Hubert D. Johnson, Johnson & Cravens, John A. Gilliam, Jenkens & Gilchrist, Royal Brin, Jr., Strasburger & Price, Dallas, for appellants.

Sandy M. Sandoloski and Michael W. McManus, Weinberg, Sandoloski & McManus, Dallas, for appellees.

DICKENSON, Justice.

The first question is which innocent party must bear the loss where a valid deed was fraudulently altered by changing the property description after its execution and delivery, but prior to recordation. The next question is the effect of a deed back to one of the two defrauded grantors which recited that it was "subject to" a lien which would otherwise have been invalid as to the property interest which is in dispute. The last major question is...

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