Banctexas Wstheimer v. Sumner

OPINION

EVANS, Chief Justice.

This is an appeal from a take-nothing judgment in an action asserting forcible entry and detainer and forcible detainer.

In June 1984, Mr. and Mrs. Neal Sumner executed a general warranty deed conveying their Houston residence to Edward L. Konkol. Contemporaneously, Konkol borrowed $365,000 from BancTexas Westheimer, and to secure payment of the debt, he executed a deed of trust covering the property. The Sumners’ deed to Konkol recited that the borrowed funds had been advanced by BancTexas, at the grantee’s special request, and that the funds constituted a part of…