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WINTON v. DAVES

No. 6231.

614 S.W.2d 464 (1981)

Carl D. WINTON, et al., Appellants, v. William P. DAVES, Jr., Appellee.

Court of Civil Appeals of Texas, Waco.

March 26, 1981.

Attorney(s) appearing for the Case

Steve Robertson, McMullen, Connally, Robertson, Holliman & Campbell, Inc., Clifton, for appellants.

Stephen L. Holley, Holley & Holley, Dallas, O. Charles Buenger, III, Wilson, Olson, Stem & Farr, Waco, for appellee.

HALL, Justice.

In December, 1977, appellee William P. Daves, Jr., purchased 277 acres of ranch land located in Hamilton County, Texas, from appellant Carl D. Winton. A part of the consideration was Daves's purchase money note for $32,065.32, payable to Winton in 15 annual installments, which was secured by Daves's deed of trust to appellant Steve Robertson on 248 of the 277 acres. In January, 1980, Winton and Robertson initiated proceedings for foreclosure and sale...

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