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BYRD v. ESTATE OF NELMS

No. 10-01-00241-CV.

154 S.W.3d 149 (2004)

James H. BYRD, Appellants, v. The ESTATE OF H.G. NELMS, Appellee.

Court of Appeals of Texas, Waco.

November 17, 2004.

Attorney(s) appearing for the Case

Laura B. Herring, Bracewell & Patterson, Debra Jo Catlett, Houston, John E.S. Kramar, Richmond, for appellants.

Russell S. Briggs, Kenneth T. Fibich, Fibich, Hampton, Leebron & Garth, L.L.P., Houston, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

James H. Byrd, along with others in a joint venture, signed an agreement guaranteeing a debt incurred by the joint venture. Years after Byrd assigned away his interest in the joint venture, he was sued by The Estate of H.G. Nelms,1 one of the current venture partners and also a co-guarantor, which, after purchasing the underlying debt, sought payment...

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