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SHEPARD v. BOONE

No. 11-02-00043-CV.

99 S.W.3d 263 (2003)

George B. SHEPARD; James C. Mills, Individually and d/b/a MultiMortgage BanCorp; and MultiMortgage BanCorp, Inc., Appellants, v. Elbert G. BOONE, Jr. and Mary Ella Boone, Appellees.

Court of Appeals of Texas, Eastland.

January 23, 2003.

Attorney(s) appearing for the Case

Lester Buzbee, III, Humble, for appellant.

Percy L. Wayne Isgitt, C. Zan Turcotte, Law Office of Percy L. "Wayne" Isgitt, P.C., Houston, for appellee.

Panel consists of: ARNOT, C.J., and McCALL, J., and McCLOUD, S.J.

Opinion

AUSTIN McCLOUD, Senior Justice (Retired).

This is a wrongful foreclosure case. Elbert G. Boone, Jr. and Mary Ella Boone, appellees, sued George B. Shepard and James C. Mills, individually and d/b/a MultiMortgage BanCorp, and MultiMortgage BanCorp, Inc., appellants, seeking to set aside a foreclosure sale. On March 15, 2001, the trial court entered a partial summary judgment ordering that a trustee's sale by Mills, substitute trustee, was void. The...

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