Texas Commerce Bank-Irving v. McCreary

STEWART, Justice.

Homer McCreary sued Texas Commerce Bank-Irving (TCB) and its vice president, W.O. Parsons, to prevent foreclosure of a note and deed of trust on McCreary’s property. The trial court found that the property was McCreary’s homestead. From the judgment permanently enjoining TCB from foreclosing on its lien, TCB and Parsons appeal, contending that the property does not, as a matter of law, constitute either McCreary’s business or residential homestead and that the trial court’s finding is against the great weight of the evidence. We reverse the trial court’s judgment and dissolve…