Gentry v. Lockett

Citations

• 37 Tex. 503

Syllabus

<p>In an action for the trial of the right of property, judgment was rendered against the claimant for the property, and against his surety for the damages. Under this judgment two executions were sued out against the claimant and his surety, one for the' damages and the other for the value of the property. The surety offered to pay the damages, and sought to enjoin the execntion against him for the value of the property, for want of a judgment to sustain it. He sued out a preliminary injunc tion, which was subsequently dissolved. Held, error. There was no judgment against the appellant to sustain the execution for the value of the property, and therefore his injunction should have been perpetuated. (Cook «. Love, 83 Texas, 487, cited and approved.</p>