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GROSS NATIONAL BANK OF SAN ANTONIO v. MERCHANT

No. 14900.

459 S.W.2d 483 (1970)

The GROSS NATIONAL BANK OF SAN ANTONIO, Appellant, v. Johnnie MERCHANT et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

October 28, 1970.

Attorney(s) appearing for the Case

Kampmann, Kampmann, Church & Burns, James E. Aderhold, San Antonio, for appellant.

F. N. Welmaker, Clemens, Knight, Weiss & Spencer, San Antonio, Ewers, Toothaker, Ewers, Abbott & Evins, McAllen, Lagerquist, Shaw & Davis, San Antonio, for appellees.

KLINGEMAN, Justice.

Appellant, a judgment creditor of the estate of Dr. John C. Parsons, deceased, brought this suit to foreclose its judgment lien upon the homestead of the surviving widow after the land had been sold to third parties, wherein it asserted a lien upon the excess value of the land over the homestead exemption of $5,000.00. Judgment was rendered after a nonjury trial that appellant take nothing against appellees, Miss Johnnie Merchant, grantee of said...

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