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LACY v. FIRST NAT. BANK OF LIVINGSTON

No. 09-90-099 CV.

809 S.W.2d 362 (1991)

Dewitt L. LACY, Appellant, v. FIRST NATIONAL BANK OF LIVINGSTON, TEXAS, Appellee.

Court of Appeals of Texas, Beaumont.

May 9, 1991.

Attorney(s) appearing for the Case

Bill Jones, Livingston, for appellant.

Tom Brown, Livingston, for appellee.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

BROOKSHIRE, Justice.

In the proceeding below, the First National Bank of Livingston, Texas (First Bank), as plaintiff, brought suit against Dewitt L. Lacy (Lacy), the defendant, seeking to obtain a judgment for a certain deficiency which remained after the sale of collateral. The collateral had been given to secure a certain promissory note. The briefs acknowledged that no jury had been demanded and that all issues of fact as well as of law were...

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