Melissa L. Laster, Petitioner v. First Huntsville Properties Company, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that a future interest in property may be validly mortgaged and that Melissa Laster’s homestead protection applies only to her owned share, allowing partition of the residence. The Court remanded for the trial court to determine the parties’ respective ownership interests. Justice Gammage dissented, arguing that the homestead protection extends to the entire property and the mortgage should be void.