Ferguson v. Fain

H. C. Ferguson instituted this suit against Mrs. Mattie Fain to restrain the levy of an execution issued upon a justice court judgment in Mrs. Fain’s favor against the plaintiff. W. H. Flynn, the sheriff of Lubbock county, in whose hands the execution was placed, was also made a party defendant. The only basis alleged in the petition for the injunction was that the justice court judgment had been fully settled. The plea of payment consisted in allegations that two former suits in the district court of Denton county, one by Mrs. Mattie Fain against H. C. Ferguson, and the other by H. C.…