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CONSOLIDATED CAPITAL SP. TRUST v. SUMMERS

No. C14-85-873-CV.

737 S.W.2d 327 (1987)

CONSOLIDATED CAPITAL SPECIAL TRUST, Appellant, v. James M. SUMMERS, Trustee, and English Village Apartments, Ltd., Appellees.

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

Rehearing Denied August 13, 1987.

Attorney(s) appearing for the Case

George H. Tarpley, Houston, for appellant.

Linda Addison, Roger D. Townsend, Houston, for appellees.

Before JUNELL, DRAUGHN and ELLIS, JJ.

OPINION

ELLIS, Justice.

Appellant, Consolidated Capital Special Trust ("Consolidated"), was the owner of an apartment complex foreclosed on by appellee, English Village Apartments, Ltd. ("EVA" or appellee), and purchased at the mortgage foreclosure sale by EVA. Consolidated sued EVA and appellee, James Summers, Trustee ("Summers" or appellee), to recover excess proceeds allegedly generated by the foreclosure sale. EVA counterclaimed to recover post-foreclosure...

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