Laswell v. Houston Citizens Bank & Trust Co.

PRICE, Justice.

Appellant, Charles L. Laswell, appeals from the trial court’s denial of a motion filed pursuant to Tex.Rev.Civ.Stat. art. 5449(a) (Vernon Supp.1981) for discharge and cancellation of a judgment and lien. We reverse and render.

On June 6, 1977, appellee, First International Bank in Houston N.A., successor in interest to Houston Citizens Bank and Trust Company, recovered a judgment against the appellant in district court for the amount of $181,754.37 based on two unsecured promissory notes executed by Laswell payable to Houston Citizens Bank and Trust Company. On November 28,…