Moss v. Gibbs

NORVELL, Justice.

Essentially, this is a “special community property” case. The petitioner, James W. Moss, sought to levy upon three town lots in Amarillo, Texas, under a writ of execution to satisfy a judgment against Chris Gibbs, the husband of respondent, Emily Gibbs. The trial court entered a perpetual injunction restraining petitioner and the sheriff of Potter County from selling the lots in question. The injunction was based upon a jury finding that said lots “were paid for (by Emily Gibbs) out of her separate funds and rents from her separate property.” The Court of Civil Appeals…