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METROPOLITAN SAV. & LOAN ASS'N v. NABOURS

No. 12-82-0027-CV.

652 S.W.2d 820 (1983)

METROPOLITAN SAVINGS & LOAN ASSOCIATION and Jerry W. Hill, Substitute Trustee, Appellants, v. Nick NABOURS and Wife, Suzanne Nabours, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Denied June 22, 1983.

Attorney(s) appearing for the Case

Jerry W. Hill, Roberts & Harbour, Longview, for appellants.

Kenneth L. Ross, Sharp, Ward, Ross, McDaniel & Price, Longview, for appellees.

COLLEY, Justice.

This is an appeal from an order granting a temporary injunction.

On August 27, 1975, Alfred T. Burke and wife, Rita M. Burke (hereafter "Burkes"), purchased a house and lot located at 700 Eden Drive in the city of Longview, Gregg County, Texas. The Burkes borrowed $76,200 from appellant, Metropolitan Savings & Loan Association (hereafter "Metropolitan"), to finance such purchase, and executed a promissory note in said sum payable

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