G. Seligson & Co. v. Collins

Citations

• 64 Tex. 314

Syllabus

<p>1. Homestead — Order of sale — Injunction — Return.— S. sued O. and procured the issuance of an attachment which was levied upon land situated in another county. A judgment by default was rendered for the debt, the attachment lien foreclosed, and by virtue of that attachment an order of sale was issued. C. claimed the property as a homestead, and brought suit in the county where the land was located, to enjoin the sale. Held:</p> <p>(1) That C. was not concluded as to his homestead rights by the decree foreclosing the attachment lien upon the land, as no such issue was made or adjudicated in that case.</p> <p>(3) That since the order of sale commanded the sheriff to sell specific property, the effect of the injunction was to suspend the operation of the process until such time as the questions raised by the injunction suit might be determined.</p> <p>(3) In this case the injunction not only suspended the process but questioned its validity and regularity; the statute being imperative, the writ of injunction should have been returned to the court from which the order of sale issued.</p>