Legal Opinion

G. Seligson & Co. v. Collins

Texas Supreme Court

Decided July 1, 1885No. Case No. 5513PublishedCited by 26 opinions

Appeal from Coryell. Tried below before the lion. T. L. Wugent. Collins brought this suit against appellants and J. M. Lanham, sheriff of Coryell county, to enjoin a sale of the lands described in the petition, by virtue of an order of sale issued out of the county court of Galveston county.

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Appeal from Coryell. Tried below before the lion. T. L. Wugent. Collins brought this suit against appellants and J. M. Lanham, sheriff of Coryell county, to enjoin a sale of the lands described in the petition, by virtue of an order of sale issued out of the county court of Galveston county. Seligson & Co. had sued Collins in the county court of Galveston county, and procured the issuance of an attachment which had been levied upon the land; a judgment by default was rendered for the debt and the attachment lien foreclosed, and it was by virtue of that judgment the order of sale had been…

1Opinion of the Court

Watts, J. Com. App.

Appellee was not concluded as to his homestead rights by the decree of the county court of Galveston county foreclosing the attachment lien upon the land. No such issue was made or adjudicated in that case. Willis v. Matthews, 46 Tex., 483.

Here the injunction restrained a sale of the particular property described in the order of sale. This order of sale commanded the sheriff of Coryell county to sell the specific property; hence the effect of the injunction was to suspend the operation of the process until such time as the questions raised by the injunction suit might be…

2Cases cited4 opinions

  1. Willis v. MatthewsTexas Supreme Court · 1877
  2. Winnie v. GraysonTexas Supreme Court · 1848
  3. Cook v. J. W. Baldridge & Co.Texas Supreme Court · 1873
  4. Hendrick v. CannonTexas Supreme Court · 1847

3Cited by26 opinions

  1. Cline v. NibloTexas Supreme Court · 1928
  2. Ex Parte CoffeeTexas Supreme Court · 1959
  3. Switzer v. SmithTexas Commission of Appeals · 1927
  4. Carey v. LooneyTexas Supreme Court · 1923
  5. Teague v. FairchildTexas Commission of Appeals · 1929

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