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IN RE NILAND

No. 86-1005.

809 F.2d 272 (1987)

In re John Hugh NILAND, Debtor. Tim TRUMAN and John Niland, Plaintiffs-Appellees, v. Darwin DEASON, Defendant-Appellant, v. CONTINENTAL SAVINGS ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 10, 1987.

Attorney(s) appearing for the Case

W. Mike Baggett, Linda G. Lucas, Dallas, Tex., for defendant-appellee.

Philip I. Palmer, Jr., Dallas, Tex., for Niland and Truman.

Michael S. Holmes, Bernard Wm. Fischman, Houston, Tex., for Continental.

Before POLITZ, RANDALL and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this bankruptcy case, Darwin Deason appeals from the district court's judgment in favor of the appellees. Because we find that the district court erred by holding that appellee John Niland was not estopped from asserting his homestead claim, we reverse the district court's judgment.

I

In September 1971, John H. Niland and his wife purchased a house located at 4717 Miron Drive, Dallas, Texas (the Property). In September...

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