Cummings v. Burleson

This was a bill in equity, brought to enjoin the sale of certain premises under a decree, on the ground that the land decreed to be sold was the homestead of the complainant, and that the homestead had not been set off in the mode required by law.

To the bill a demurrer was filed, which the court sustained, dissolved the injunction, dismissed the bill, and assessed damages, in the sum of §34.60, against the complainant, for a wrongful suing out of the injunction.

It appears, from the allegations of the bill, that, at the April term, 1874, of the circuit court of Carroll county, Allen B.…