1875.] NicHOLS v. SNow. 73
Opinion of the court.
$885.21 remaining due on tle three suits: IHeld, no error to divide
the finding in three sums, and enter thereon judgoment, in each cases
the parties consenting thereto.
APPEAL from Kaufman. Tried below before the -Ion.
A. J. Fowler.
J. J. Hill, for appellant.
Richard F. Slaughter, for appellee.
DEVINE, ASSOCIATE JUSTICE.--Appellant assigns as
grounds of revision the following alleged errors:
"1st. The court erred in sustaining the demurrer of the
defendant to plaintiff's amended petition.
" 2d. The court erred in overruling the demurrer of the
plaintiff to the answer of the defendant, filed October 13,
The appellant obtained an injunction on the 20th of
May, 1869, restraining the sheriff from selling a tract and
several lots of land which he had levied on and advertised
for sale, by virtue of three executions issued on three several
judgments on the 14th, 26th, and 29th of April, 1869.
The petition alleged that the judgments were rendered in
the County Court of Kaufman county in June, 1867; that
more than a year had elapsed from the date of the judgments
to the issuing of the executions ; that the judgments
were dormant, and that the lots levied on and advertised
for sale were a portion of her homestead, with a prayer
that appellee be cited, &c.
The defendant excepted; denied all the charges set
forth in plaintiff's petition, and averred that the judgments
were rendered on notes given for the purchase
money of the land claimed as the homestead of plaintiff.
He propounded interrogatories to plaintiff, and asked that,
in the event of the judgments being declared dormant, the
land be declared liable for the vendor's lien, and he have
a decree ordering the sale of the land to satisfy the same.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed May 25, 2015.