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GINTHER-DAVIS CENTER, LTD. v. HOUSTON NAT. BANK

No. 17676.

600 S.W.2d 856 (1980)

GINTHER-DAVIS CENTER, LTD., et al., Appellants, v. HOUSTON NATIONAL BANK et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 5, 1980.

Attorney(s) appearing for the Case

Able & Coleman, P. C., Tom F. Coleman, Jr., Houston, for appellants.

Hirsch, Westheimer, Block & Wilk, Michael S. Wilk, David Z. Chesnoff, Houston, for appellees.

Before PEDEN, EVANS and WARREN, JJ.

PEDEN, Justice.

Mr. Fergus Ginther and Mr. Don Davis, owners and mortgagors of a 14.4009 acre tract improved with apartments, appeal from the denial of a temporary injunction sought to prevent a mortgage foreclosure sale of the property by Houston National Bank. On September 30, 1977, the appellants had executed a $5,000,000 note and deed of trust evidencing a loan by the bank in that amount to refinance an existing obligation. The note was, initially, due on September...

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