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TEXAS COMMERCE BANK—IRVING v. McCREARY

No. 05-83-00932-CV.

677 S.W.2d 643 (1984)

TEXAS COMMERCE BANK—IRVING, Appellant, v. Homer Gifton McCREARY, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 10, 1984.

Attorney(s) appearing for the Case

James A. Cline, Irving, Vera R. Bangs, Robert W. Jones, Dallas, for appellant.

Paul W. Leech, Grand Prairie, for appellee.

Before STOREY, STEWART and SHUMPERT, JJ.

STEWART, Justice.

Homer McCreary sued Texas Commerce Bank-Irving (TCB) and its vice president, W.O. Parsons, to prevent foreclosure of a note and deed of trust on McCreary's property. The trial court found that the property was McCreary's homestead. From the judgment permanently enjoining TCB from foreclosing on its lien, TCB and Parsons appeal, contending that the property does not, as a matter of law, constitute either McCreary's business or residential homestead...

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