CASSTEVENS v. SMITH

No. 06-07-00116-CV.

269 S.W.3d 222 (2008)

Ann CASSTEVENS, Individually and on behalf of Kenneth Casstevens, Deceased, Appellant, v. Daniel SMITH and Shannon Smith, Appellees.

Court of Appeals of Texas, Texarkana.

Decided October 23, 2008.

Rehearing Overruled November 18, 2008.


Attorney(s) appearing for the Case

M. Keith Dollahite, M. Keith Dollahite, PC, Tyler, TX, for Appellant.

Ralph E. Allen, Tyler, TX, for Appellees.

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


OPINION

Opinion by Justice CARTER.

Ann Casstevens and her husband1 were defrauded by their neighbors, Roger and Natalie Carroll, when they bought the Carrolls' house. Even though the Casstevenses paid the Carrolls $34,000 in cash and executed a note for $90,000 to the Carrolls and received a warranty deed, they were not informed that the Carrolls still owed two debts on the house&...

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