Burg v. Hitzfeld

BOBBITT, Justice.

This appeal presents a question concerning the rights of lienholders as against homestead rights, which apparently has not heretofore been squarely presented to the courts of Texas.

The material facts are undisputed. On February 6, 1918, Wesley Ellebracht and his wife, Ottilie Ellebracht, executed and delivered to the Federal Land Bank of Houston their note in the sum of $3,200, secured by a 'valid lien on a certain 300-acre tract of land in Gillespie county. The proceeds of the loan represented purchase money for the property, and is a first lien and superior to the homestead…