Schwarzer v. Calcasieu Lumber Co.

McClendon, chief justice.

Appeal from a judgment upon a directed verdict in favor of Calcasieu (Calcasieu Lumber Company) and against Schwarzer and wife, foreclosing a trust deed lien upon Lot No. 2 in an Austin addition.

The sole issue the appeal presents is whether the evidence conclusively shows (1) that the lot was not in fact a part of the homestead of the Schwarzers at the time they executed the trust deed; or (if it does not so show) (2) that the Schwarz-ers were estopped from asserting its homestead character by reason of their representation in the trust deed that Lot No. 1 in said…