Smith v. OLNEY FEDERAL SAVINGS AND LOAN ASS'N

WALTER, Justice.

Olney Federal Savings and Loan Association recovered a summary judgment against A. A. Smith, Jr., for a deficiency following a deed of trust foreclosure. Smith has appealed.

Wayne Bingham executed a note and deed of trust to the association. Smith purchased the property involved from Bing-ham and assumed and agreed to pay the debt held by the association. The association did not make Bingham a party to this suit. We-find no merit in Smith’s point that Bingham is a necessary party. In Loveless v. Temple Trust Company, 59 S.W.2d 883, (Tex.Civ.App., 1933, writ ref.), the court…