No. 89-2364.

896 F.2d 107 (1990)

In the Matter of Bobby R. RUBARTS and Naomi Rubarts, Debtors. Bobby R. RUBARTS and Naomi Rubarts, Appellants, v. FIRST GIBRALTAR BANK, FSB, Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1990.

Attorney(s) appearing for the Case

Elizabeth A. Bates, Mankoff, Hill, Held & Goldburg, Dallas, Tex., for appellants.

Walter H. Dunlap, Jr., Jordan Dunlap & Prather, Edmund R. Wood, Stephen F. Shaw, Stewart Title, Chancellor & Wood, G. Dennis Sullivan, Dallas, Tex., for First Texas Sav. Ass'n.

Before GEE, JONES, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Plaintiffs appeal from a judgment declaring a vendor's lien and deed of trust lien on their residence enforceable. Because we disagree with the district court's conclusion that the evidence in the record is sufficient to strip from the plaintiffs the homestead protections afforded by the Texas Constitution, we reverse and remand.


In 1968, plaintiffs Bobby and Naomi Rubarts obtained a construction loan from Sherman...

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