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BRIMBERRY v. FIRST STATE BANK OF AVINGER

No. 8186.

500 S.W.2d 675 (1973)

Elton BRIMBERRY, Appellant, v. FIRST STATE BANK OF AVINGER, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied October 16, 1973.

Attorney(s) appearing for the Case

Stephen Oden, Atchley, Russell, Waldrop & Hlavinka, Texarkana, for appellant.

Buck Florence, Florence & Florence, Hughes Springs, for appellee.

RAY, Justice.

This is an appeal from a judgment setting aside a sheriff's sale. First State Bank of Avinger, appellee, obtained a judgment of foreclosure against Avinger Development Company and Michael D. McKaughn; thereafter, a sheriff's sale was held to dispose of certain properties in Cass County in an attempt to satisfy the judgment creditor. Elton Brimberry, appellant, bought the 26.49-acre tract of land, together with the improvements thereon, at the sale for...

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