SIBLEY, Circuit Judge.
A small one-story brick store in Stamford, Tex., was included by the referee in the homestead in bankruptcy of James Elzy Duncan over the objection of his creditor, E. A. Johnson. The District Judge sustained the judgment, and we have allowed this appeal. The homestead of course depends on the laws of Texas. Section 51 of article 16 of the state Constitution is:
"The homestead, not in a town or city, shall consist of not more than two...
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