Rogers v. Kimsey

A petition was brought by R. O. Kimsey to enjoin W. M. Rogers from cutting timber on certain described land, alleging that on May 4, 1926, petitioner purchased at sheriff’s sale the 109 acres of land in controversy, and received a sheriff’s deed to the property. Thereafter Rogers brought suit to enjoin the sheriff from putting Kimsey into possession of the land, claiming a homestead in the same under-the Civil Code (1910), § 3416, and also claiming five acres of the land for each of six minor children under the age of sixteen years. The judge denied an injunction, and that judgment was…