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FIRST STATE BANK v. DORST

No. 3-92-109-CV.

843 S.W.2d 790 (1992)

FIRST STATE BANK, Successor in Interest to Community National Bank, Appellant, v. Ronald L. DORST and Clarice Dorst, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 27, 1993.

Attorney(s) appearing for the Case

Karen P. Davis, Richey & Young, P.C., Austin, for appellant.

Forest D. Cook, Austin, for appellees.

Before CARROLL, C.J., and JONES and KIDD, JJ.

JONES, Justice.

This is a usury case. First State Bank ("FSB"), appellant, sued Ronald and Clarice Dorst, appellees, to recover the remaining balance on two promissory notes, each secured by a deed of trust, and to obtain judgment allowing judicial foreclosure of the property securing the notes. The Dorsts counterclaimed that the deeds of trust were usurious on their face. The case was tried to the court on stipulated facts. The trial court concluded that the two...

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