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  5. 586 S.W.2d 192 (1979)
 

LONE STAR INDUSTRIES, INC. v. LOMAS & NETTLETON FINANCIAL CORP.

No. 5334.

586 S.W.2d 192 (1979)

LONE STAR INDUSTRIES, INC., Appellant, v. LOMAS & NETTLETON FINANCIAL CORPORATION, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied August 30, 1979.

Attorney(s) appearing for the Case

William B. Dawson, Carrington, Coleman, Sloman & Blumenthal, Dallas, for appellant.

Alfred Sallinger and H. Louis Nichols, Saner, Jack, Sallinger & Nichols, M. J. Vanden Eykel, Dallas, for appellee.

McCLOUD, Chief Justice.

The issue is whether real property, in the name of the individual partners, was effectively mortgaged when listed in a deed of trust executed in the name of the partnership, and signed by each of the partners.

Lomas & Nettleton, plaintiff, sued the partnership, Paseo Apartment Development Co., and the partners individually, seeking recovery on a promissory note in the original principal sum of $2,870,000. Plaintiff also sought foreclosure...

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