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BANCTEXAS WESTHEIMER v. SUMNER

No. 01-86-0872-CV.

734 S.W.2d 57 (1987)

BANCTEXAS WESTHEIMER, Appellant, v. Neal C. and Linda SUMNER, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

June 4, 1987.

Attorney(s) appearing for the Case

Frank G. Waltermire, Alletag, Jones & Eyberg, Houston, for appellant.

Jerome K. Wade, Houston, for appellees.

Before EVANS, C.J., and SAM BASS and LEVY, JJ.

OPINION

EVANS, Chief Justice.

This is an appeal from a take-nothing judgment in an action asserting forcible entry and detainer and forcible detainer.

In June 1984, Mr. and Mrs. Neal Sumner executed a general warranty deed conveying their Houston residence to Edward L. Konkol. Contemporaneously, Konkol borrowed $365,000 from BancTexas Westheimer, and to secure payment of the debt, he executed a deed of trust covering the property. The Sumners' deed...

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