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SHIPLEY v. BISCAMP

No. B1977.

580 S.W.2d 52 (1979)

L. W. SHIPLEY, Jr., Appellant, v. E. L. BISCAMP et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th District.).

March 21, 1979.

Attorney(s) appearing for the Case

Larry L. Huelbig, Lapin, Totz & Mayer, Houston, for appellant.

Douglas H. Chilton, Texas City, William G. Neumann, Jr., Houston, Mabry, Herbeck & Chilton, Texas City, for appellees.

Before J. CURTISS BROWN, C. J., and COULSON and CIRE, JJ.

J. CURTISS BROWN, Chief Justice.

Plaintiff filed suit to foreclose on an express contractual lien on certain real property and to recover specific sums alleged to be due and owing. Defendant, in addition to a general denial, cross-claimed for partition of the subject property based on an alleged breach of trust by the plaintiff. Appeal is from a judgment finding plaintiff in breach of trust and ordering a judicial sale of the property and partition of the proceeds...

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