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FEARS v. TEXAS BANK

No. 06-07-00080-CV.

247 S.W.3d 729 (2008)

Homer FEARS, Louise Fears, Terry Fears and Teresa Fears, Appellants, v. TEXAS BANK, Appellee.

Court of Appeals of Texas, Texarkana.

Decided February 6, 2008.

Rehearing Overruled March 18, 2008.

Attorney(s) appearing for the Case

J. Paul Nelson, Law Office of J. Paul Nelson, Henderson, for appellants.

Thomas H. Brown, Law Office of Thomas H. Brown, PLLC, Kilgore, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

Tommy and Wanda Fears borrowed money from the Texas Bank and failed to make the payments in a timely manner. Tommy's parents, Homer and Louise Fears, conveyed fifty acres of their property to the Bank to avoid foreclosure or other legal consequences to Tommy. The Bank gave Homer and Louise written assurance that it would return their property on payment of the note. The note was never satisfied and the Bank was preparing...

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