Kansas & Texas Coal Co. v. Judd

This action was commenced by the plaintiff in error before a justice of the peace of Cherokee County against J. J. Judd and Mary Judd, and judgment was rendered against them in favor of the plaintiff in error. The plaintiff filed an abstract of this judgment in the office of the clerk of .the district court of Cherokee County, and caused an execution to be issued thereon. The sheriff levied upon and sold an eighty-acre farm belonging to the defendant Mary Judd.

The defendant Mary Judd filed a motion to set aside the sale for the reason that the farm was her homestead, and the plaintiff filed…