Guaranty Bond State Bank of Mt. Pleasant v. Kelley

This case involves a question of estoppel to assert the homestead exemption against the foreclosure of a lien asserted by the Guaranty Bond State Bank of Mt. Pleasant against W. L. Kelley and wife. The Court of Civil Appeals for the Sixth District (2 S.W.(2d) 572], in a majority opinion, reformed the judgment of the trial court so as to deny to the bank a foreclosure of its lien, while Justice Hodges dissented, indicating the view that the plea of estoppel should have been sustained and the lien foreclosed. We agree with the conclusions announced by Justice Hodges. And we further hold against…