HOWELL v. MURRAY MORTG. CO.

No. 07-93-0203-CV.

890 S.W.2d 78 (1994)

Charles Ben HOWELL, Administrator of the Estate of Fredrick Lane Howell, Deceased, Appellant, v. MURRAY MORTGAGE COMPANY Formerly Known as Murray Investment Company and Resolution Trust Corporation as Receiver for Murray Savings Association, Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled December 15, 1994.


Attorney(s) appearing for the Case

Thomas S. McCorkle, Robert J. Reagan, Dallas, Elizabeth J. Redchuk, Flower Mound, for appellant.

Jenkens & Gilchrist, Charles A. Gall, James W. Bowen, Dallas, for appellees.

Before DODSON, BOYD and POFF, JJ.


POFF, Justice.

Appellant Charles Ben Howell, as dependent administrator of the estate of his deceased brother, Fredrick Lane Howell (Fredrick), brought suit against appellees in response to appellees' enforcement of the terms of a deed of trust executed by Fredrick. Appellant claimed that, for a variety of legal reasons, he was not subject to a due-on-sale clause contained in the deed of trust. Specifically, appellant sought...

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