James Marlin Ebert v. Frank L. Day

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-04-00264-CV James Marlin Ebert, Appellant v. Frank L. Day, Appellee FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. 276821, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING MEMORANDUM OPINION When James Ebert purchased his residence he agreed that if he defaulted on the payments, the property could be sold and he would become a tenant-at-sufferance. He defaulted on his payments, his property was sold, and the purchaser sent Ebert notice to vacate. When Ebert refused to leave, the purchaser, Frank Day, brought a forcible detainer…