Purinton v. Davis
Texas Supreme Court
Appeal from Wichita. Tried below before the Hon. B. F. Williams. Appellant, M. M. Purinton, joined by her husband, brought suit for the purpose of restraining F. M. Davis, sheriff of Wichita county, from selling seven tracts of land under an execution in favor of S. D. Cook against W. W. Purinton, the husband of plaintiff.
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Appeal from Wichita. Tried below before the Hon. B. F. Williams. Appellant, M. M. Purinton, joined by her husband, brought suit for the purpose of restraining F. M. Davis, sheriff of Wichita county, from selling seven tracts of land under an execution in favor of S. D. Cook against W. W. Purinton, the husband of plaintiff. The petition alleged that the land was the separate property of Mrs. Purinton and that its sale under execution would cause her irreparable loss and injury, etc. A temporary injunction was granted on October 30, 1885, which was dissolved on motion of defendant on May 1,…
1Opinion of the Court
Robertson, Associate Justice.
The title to personal property can be tested in advance of sale under execution by a trial of the right of property under the statute. With respect to realty, legislation has not interfered with the law as it was aforetime. There is no means of preventing a levy upon and sale of land under execution except by injunction. Injunction is a chancery process. It can be invoked only when the remedy at law is inadequate. Trespass to try title is an adequate legal remedy after sale in all cases in which the sale will pass only the title of the execution defendant. Hnder…
2Cited by15 opinions
- Harding v. PearsonTexas Commission of Appeals · 1932
- Stolte v. KarrenCourt of Appeals of Texas · 1916
- McClintic v. Midland Grocery & Dry Goods Co.Texas Supreme Court · 1913
- West Texas Utilities Co. v. Farmers' State Bank in MerkelCourt of Appeals of Texas · 1934
- Paddock v. JacksonCourt of Appeals of Texas · 1897
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