NCNB TEXAS NAT. BANK v. CARPENTER

No. 2-92-143-CV.

849 S.W.2d 875 (1993)

NCNB TEXAS NATIONAL BANK and Greg Stephenson, Substitute Trustee, Appellants, v. Brooks CARPENTER and Wife, Pearl Carpenter, Appellees.

Court of Appeals of Texas, Fort Worth.

March 10, 1993.


Attorney(s) appearing for the Case

Nichols, Jackson, Kirk & Dillard, and Tim Kirk, John Pierce Griffin, Christina A. Melton, Dallas, for appellants.

Meier & Parker, L.C. and William C. Meier, Bedford, for appellees.

Before LATTIMORE and DAY, JJ. and CLYDE R. ASHWORTH, J. (Retired) Sitting by assignment.


OPINION

DAY, Justice.

NCNB Texas National Bank and Greg Stephenson, Substitute Trustee (NCNB), appeal from the trial court's order granting summary judgment, declaratory judgment, and attorney's fees in favor of Brooks and Pearl Carpenter (the Carpenters).

We reverse and remand for trial on the merits.

The undisputed facts in this case are as follows: By warranty deed dated January 31, 1976, the Carpenters acquired a 187.93acre tract of land...

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