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HAMPTON v. MINTON

No. 3-89-084-CV.

785 S.W.2d 854 (1990)

Gary W. HAMPTON, Appellant, v. Katherine MINTON, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 7, 1990.

Attorney(s) appearing for the Case

Charles W. Wendlandt, Jr., Minter, Joseph & Thornhill, Austin, for appellant.

Chester E. Beaver, Arnold & Fleckman, J. Andrew Hathcock, Austin, for appellees.

Before SHANNON, C.J., and GAMMAGE and JONES, JJ.

JONES, Justice.

The main issue in this appeal is whether a payee on a "wraparound note" must continue to pay his own creditor—the holder of a senior lien—after the wraparound maker has defaulted on the wraparound note. Katherine Minton and Marke Hampe (collectively referred to as "Minton"), appellees, sued Gary Hampton, appellant, to recover the deficiency remaining on a wraparound note after foreclosure of a senior lien. Following a trial to the court...

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