Ward v. Billups
Texas Supreme Court
Appeal from Galveston. Tried below before Hon. Wm. H. Stewart. This is an appeal from a judgment for defendants dissolving an injunction which had been sued out by the plaintiffs, and for affirmative relief asked in a cross-bill by the defendants to the injunction suit.
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Appeal from Galveston. Tried below before Hon. Wm. H. Stewart. This is an appeal from a judgment for defendants dissolving an injunction which had been sued out by the plaintiffs, and for affirmative relief asked in a cross-bill by the defendants to the injunction suit. It was shown in the petition for injunction by the plaintiff Minnie Ward, with whom was joined her husband, that May 24,1886, her husband, without her knowledge or consent, executed to Wallis, Landes & Co. his note for $5751.91 and a deed of trust upon certain lands and lots in Jackson County, Texas, and also upon a certain…
1Opinion of the Court
COLLARD, Judge.
Plaintiffs’ petition claimed the property as their homestead, and that it was such at the time and before the deed of trust was executed, and on this account they asked to be protected therein, and prayed that defendants be restrained in the enforcement of the order of sale issued under the judgment of Wallis, Landes & Co. foreclosing the deed of trust. The district judge by his fiat in chambers ordered the clerk to issue the writ prayed for; the clerk issued the writ commanding defendants to desist from selling or causing to be sold the lot claimed by plaintiffs as a part of…
2Cases cited1 opinion
- Morris v. BradfordSupreme Court of Georgia · 1856
3Cited by14 opinions
- Teague v. FairchildTexas Commission of Appeals · 1929
- Bailey v. BlockTexas Supreme Court · 1911
- Lindley v. EasleyCourt of Appeals of Texas · 1932
- Pioneer Building & Loan Ass'n v. CowanCourt of Appeals of Texas · 1938
- McMillan v. Barber Asphalt Paving Co.Wisconsin Supreme Court · 1912
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