Smith v. Midland Natl. Life Ins.

Plaintiff ,o claiming to he the owner of a tract of real property, in the town of Howard, under a deed from J. B. Adkins and wife, brings this action to enjoin a sale thereof upon an execution issued on a judgment in favor of defendant against J. B. Adkins. Judgment for plaintiff,, and' defendant appeals.

At the time appellant procured this judgment against Adkins, the property in question was the homestead of Adkins and his family. It was then not subject to levy and sale on execution, nor was appellant’s judgment a lien thereon. The homestead was never thereafter subject to lev}’ and sale on…