Merit Homes, Inc. v. Alltex Mortgage Company

FANNING, Justice.

Merit Homes, Inc., appellant herein, brought suit against Mercantile National Bank at Dallas, Texas, Charles J. Hagen, substitute trustee, and the appellee herein, Alltex Mortgage Company, Inc., in trespass to try title to realty located in Dallas County, Texas. Summary judgment was granted to appellee and the same became a final judgment after the severance of all other issues and parties in the cause. Appellant has appealed.

Appellant on appeal contends to the effect that there was an issue of fact as to whether Hagen was the lawfully appointed substitute trustee to perform…