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KLEIN v. GARTH

No. 12-83-0110-CV.

677 S.W.2d 712 (1984)

Allan R. KLEIN, Appellant, v. Emory GARTH and Wife, Bobbye Garth, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Denied October 4, 1984.

Attorney(s) appearing for the Case

David Cohen, Graves, Dougherty, Hearon & Moody, Austin, for appellant.

Charles E. Fitch, DeLange, Hudspeth, Pitman & Katz, Houston, Robert R. Bradshaw, Austin, for appellees.

COLLEY, Justice.

Emory Garth and wife, Bobbye Garth (hereafter Garth), instituted this suit seeking cancellation of a trustee's sale made under a deed of trust executed by Curtis R. Biddle, Jr., as grantor, for the use and benefit of Fred Earhart, III, Trustee, and securing payment of a vendor's lien note in the original principal sum of $241,528, executed by Curtis R. Biddle, Jr., and payable to the order of Fred Earhart, III, Trustee, but later assigned to Allan...

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