Legal Opinion

Hoffman v. Love

Court of Appeals of Texas

Decided April 12, 1973No. 18063PublishedCited by 31 opinions

1Opinion of the Court

GUITTARD, Justice.

Our questions are (1) whether a purchaser of a residence from an owner who occupied it as a homestead has standing to claim the homestead exemption against a lien asserted by the former owner’s judgment creditor and (2) the extent of the excess subject to the lien in an urban lot which was worth more than the $5,000 exemption at the time of its designation as homestead and has increased substantially in value at the time of foreclosure of the lien.

1. Purchaser's standing to claim-homestead.

For simplicity we shall discuss the standing of the purchaser to claim the exemption…

2Cases cited18 opinions

  1. Nichols v. DibrellTexas Supreme Court · 1884
  2. Chase v. SwayneTexas Supreme Court · 1895
  3. Mayers v. PaxtonTexas Supreme Court · 1890
  4. Wood v. WheelerTexas Supreme Court · 1851
  5. Black v. EppersonTexas Supreme Court · 1874

13 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. In the Matter of E.C. Henderson and Phyllis Henderson, Debtors. E.C. Henderson and Phyllis Henderson v. Lee BelknapCourt of Appeals for the Fifth Circuit · 1994
  2. Bankr. L. Rep. P 71,664 in Re John Hugh Niland, Debtor. Tim Truman and John Niland v. Darwin Deason v. Continental Savings AssociationCourt of Appeals for the Fifth Circuit · 1987
  3. In the Matter Of: Thomas Cullen Davis Karen Joyce Davis, Debtors. Sandra Davis v. Thomas Cullen DavisCourt of Appeals for the Fifth Circuit · 1999
  4. Steenland v. Texas Commerce Bank National Ass'n, Texas Court of Appeals, 12th District (Tyler)1983
  5. United States v. JohnsonCourt of Appeals for the Fifth Circuit · 1998

26 more not listed; retrieve them via the Exa API.

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