IN RE JAY

No. 04-11420.

432 F.3d 323 (2005)

In the Matter of James Albert JAY, Debtor. Nesco Acceptance Corporation, Nesco Inc., Linc Acquisition One LLC, Appellants, v. James Albert Jay, Ann C. Jay, Appellees.

United States Court of Appeals, Fifth Circuit.

November 22, 2005.


Attorney(s) appearing for the Case

Mark Raymond Steiner, Retta A. Miller, Jackson Walker, Dallas, TX, for Appellants.

Sam C. Gregory, Lubbock, TX, Donald M. Hunt, Lawrence Matthew Doss, Mullin, Hoard & Brown, Lubbock, TX, for Appellees.

Before REAVLEY, HIGGINBOTHAM and GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Nesco Inc. and Nesco Acceptance Corporation (collectively, "Nesco") appeal the district court's judgment affirming the bankruptcy court's order voiding a warranty deed between Nesco and James and Ann Jay ("the Jays") over a .85 acre tract of land. Nesco avers that the bankruptcy court erred by finding that the property in question was a business homestead.

I

The Jays acquired title to an .85 acre tract sometime in...

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