On Motion for Rehearing.

The uncontroverted proof showed that the work on the building was stopped upon request of L. B. Trout,'without objection on the part of Brown, and in that sense, but in no other, did we intend to hold, as stated in the opinion on original hearing, that Brown yoluntarily abandoned the construction of the building before it was finished.

We conclude further that Trout’s plea of homestead was not available against the claims of any of the other parties to the suit, since the uncontroverted proof was that while the building in controversy was intended by Trout to be his place of residence and homestead when constructed, yet the steps so taken' by him were his first overt acts looking to the establishment of the property as a homestead, and they were not sufficient to impress it with the homestead exemption, under the following authorities: West End Town Co. v. Grigg, 93 Tex. 451, 56 S. W. 49; Cobb v. Collins, 51 Tex. Civ. App. 63, 111 S. W. 760.

With the additions noted above to our opinion on original hearing, the motions for rehearing presented by appellant Robert H. Brown and by appellee J. F. Nunn are both overruled.

The judgment heretofore rendered by this court on June 22, 1929, is hereby set aside, and the opinion of this court, filed on the same day, is hereby withdrawn, and the judgment this day rendered is a substitute for said original judgment, and all parties shall have the right to treat the substitute judgment as the original judgment for the same purposes and to the same extent as if said original judgment had never been rendered. And the substitute opinion now here filed shall be treated as the original opinion in the case. *Page 872

It is further ordered that the motions for rehearing by the appellee Wichita State Bank Trust Company and the Buell Lumber Manufacturing Company be and the same are hereby sustained, to the extent and for the reasons shown in the opinion this day filed, and the motion for rehearing filed by appellee Brown is granted, for the reasons shown in the same opinion.