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SPRING BRANCH BANK v. MENGDEN

No. A2616.

628 S.W.2d 130 (1981)

SPRING BRANCH BANK, et al., Appellant, v. Walter H. MENGDEN, Sr., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied February 25, 1982.

Attorney(s) appearing for the Case

Sharon Stagg, Boswell, O'Toole, Davis & Pickering, Joe G. Roady, Sheinfeld, Maley, & Kay, Houston, for appellant.

B. J. Walter, Foreman & Dyess, Houston, for appellee.

Before J. CURTISS BROWN, C. J., and JUNELL and PRICE, JJ.

JUNELL, Justice.

Appellants Spring Branch Bank and James C. Winters appeal from judgment in favor of appellee Walter H. Mengden, Sr., plaintiff in the court below in a suit to recover a portion of the attorneys' fees paid by appellee in order to avoid foreclosure on oil and gas properties. We reverse and remand.

Mengden borrowed $575,000 from Spring Branch Bank and executed a promissory note in that amount. The note was secured by deed of trust covering a...

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