Carlin v. Hudson
Texas Supreme Court
Appeal from Harrison. The appellant filed his petition in the District Court, alleging that on the 11th day of February, 1852, he purchased of one Ford and his wife a certain tract of land, and gave his note payable three years thereafter for the purchase money; that on the 12th of March thereafter he had his title deeds duly recorded; and that on the 15th of the same month, the appellees caused an execution, issued on a judgment obtained by them against Ford, to be levied…
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Appeal from Harrison. The appellant filed his petition in the District Court, alleging that on the 11th day of February, 1852, he purchased of one Ford and his wife a certain tract of land, and gave his note payable three years thereafter for the purchase money; that on the 12th of March thereafter he had his title deeds duly recorded; and that on the 15th of the same month, the appellees caused an execution, issued on a judgment obtained by them against Ford, to be levied on the land; and that great injury will be done him in case of the sale of his land by virtue of the execution so levied…
1Opinion of the CourtWheeler, J.
The cases in which injunctions are granted to restrain the alienation of property, are those where it is indispensable to secure the enjoyment of specific property; or to preserve the title to such property ; or to prevent frauds, or gross and irremediable injustice in respect to such property. (2 Story, Eq. chap. 23.) The present manifestly does not come within that description of cases. The proposed sale of the land, as the property of Ford, could not operate to dispossess the plaintiff, or deprive him of its enjoyment, or to defeat his title, or embarrass him in the prosecution of his…
2Cited by18 opinions
- Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879
- Braden v. GoseTexas Supreme Court · 1882
- Hinzie v. KempnerTexas Supreme Court · 1891
- Scale v. TompkinsTexas Supreme Court · 1884
- Spencer v. RosenthallTexas Supreme Court · 1882
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