L. E. Whitham & Co. v. Hendrick

On Motion for Rehearing.

While perhaps not altogether clear, we think that under the circumstances of this case, where, on the face of the proceedings, a lien has been fixed on plaintiffs’ property, claimed as a homestead, and there is a threatened issuance of negotiable evidences of such lien, that the remedy of injunction is available under the terms of article 4642, Rev. Statutes of 1925. See the case of Pulte v. Keel (Tex. Civ. App.) 297 S. W. 241, writ of error .refused, where the remedy was applied under somewhat similar circumstances. See, also, Foster v. City of Waco, 113 ,Tex. 352,…