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1ST COPPELL BANK v. SMITH

No. 05-86-01179-CV.

742 S.W.2d 454 (1987)

1ST COPPELL BANK, Appellant, v. Homer Lee SMITH and Paulette Smith, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied December 18, 1987.

Attorney(s) appearing for the Case

Michael Lowenberg, Mary L. O'Connor, A. Lauren Carpenter, Dallas, for appellant.

Randall Reed, Dallas, for appellees.

Before HOWELL, STEWART and BAKER, JJ.

STEWART, Justice.

Homer Lee and Paulette Smith sued 1st Coppell Bank to enjoin foreclosure of their homestead and to remove a deed of trust as a cloud on their title. The Bank counterclaimed for breach of contract. After trial to the court, the court granted a permanent injunction and removed the Bank's deed of trust as a cloud on the Smiths' title. The court also denied the Bank relief on its counterclaim. In thirteen points of error, the Bank contends that: (1)...

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