Tracy v. Harbin

SPEER, Associate Justice.

This was an injunction suit instituted by the appellees against appellants to restrain the sale upon execution of a quarter section of land situated in Eastland County, alleged to be the homestead of appellee A. W. Harbin. Upon a finding by the trial judge in favor of the homestead exemption, the temporary injunction was made permanent and appellants have brought the case before us for review.

- We construe the instrument of writing, under which appellee claims his homestead interest, to be a conveyance in fee simple with condition subsequent, and therefore ample…