Legal Opinion

Braly v. Webster

Court of Appeals of Texas

Decided March 23, 1928No. 468PublishedCited by 2 opinions

1Opinion of the Court

LESLIE, J. Appellees

A. A. Webster et al. were judgment creditors of appellants Neely Braly et al., and this suit was instituted by the latter to restrain the sale under execution of an alleged business homestead of the Bralys. There was a preliminary hearing of the cause, and this appeal is from an interlocutory order of the court refusing a temporary injunction.

The appellants’ pleadings are sufficient in form and substance to present a prima facie homestead right in the property, and the evidence apparently goes to that extent. Article 4642, Vernon’s Civ. St. vol. 14, provides that—

“Judges…

2Cases cited3 opinions

  1. Stolte v. KarrenCourt of Appeals of Texas · 1916
  2. Osborn v. Texas Pac. Coal & Oil Co.Court of Appeals of Texas · 1920
  3. Winkie v. ConatserCourt of Appeals of Texas · 1914

3Cited by2 opinions

  1. National Loan & Investment Co. v. L. W. Pelphrey & Co.Court of Appeals of Texas · 1931
  2. First Nat. Bank of Benjamin v. CoffmanCourt of Appeals of Texas · 1930

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