Coates v. Caldwell

Citations

• 71 Tex. 19
• 8 S.W. 922
• 1888 Tex. LEXIS 1093

Syllabus

<p>1. Homestead Designation.—A bead of a family by living upon a tract of land of less than two hundred acres thereby sufficiently designates such tract as the homestead, even if other lands are owned by the head of the family.</p> <p>2. Crops Grown Upon Homestead.—Cotton grown upon the homestead and unpicked is exempt from execution. After it has been picked the exemption ceases and it is subject to execution.</p> <p>3. Damages for Wrongfully Suing Out an Injunction.—When an injunction is sued out against the sale of personal property seized in execution, some of which is subject to execution, the measure of damages upon dissolving the injunction is the value of the property subject to execution. •</p> <p>4. Injunction—Practice.—The defendant, upon an injunction suit upon proper pleadings in reconvention and proof, may recover his damages for the wrongful suing out of the injunction without service of citation upon the sureties upon the injunction bond.</p> <p>5. Case Followed.—Sharp v. Schmidt, 62 Texas, 363, followed.</p>