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HRUSKA v. FIRST STATE BANK OF DEANVILLE

No. 01-86-0367-CV.

727 S.W.2d 732 (1987)

Johnnie W. HRUSKA and Wife Julia M. Hruska, Appellants, v. FIRST STATE BANK OF DEANVILLE and Brazosbanc Savings Association, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 10, 1987.

Attorney(s) appearing for the Case

Eugene J. Pitman, De Lange, Hudspeth, Pitman & Katz, Houston, for appellants.

J. Bradley Smith, Vance, Bruchez & Goss, Bryan, James R. Chapman, Jr., Batista & Chapman, P.C., Caldwell, for appellees.

Before EVANS, C.J., and SAM BASS and LEVY, JJ.

OPINION

EVANS, Chief Justice.

The principal question in this case is whether the trial court properly determined that the appellants were estopped from asserting that a lien on their homestead was invalid. The trial court imposed the lien on the homestead in favor of First State Bank of Deanville to secure repayment of funds advanced for the construction of appellants' residence. Given the exceptional circumstances of the case, which include the existence...

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