30 Tex. 186 | Tex. | 1867
The defendant in error obtained a judgment in the district court of Panola county against William P. Anderson, the plaintiff in error, for the sum of $112 80. An execution issued thereon, and the sheriff of said county levied it upon a lot of lumber belonging to said Anderson, and a writ of injunction was sued out to restrain the'sheriff from proceeding to sell the same. The material allegations of the petition for injunction were, that the petitioner was a married man, and was with his family living in a rented house in the town of Carthage, in said county; that he had bought two lots in said town, and that these lots were, be
To this petition a general demurrer was sustained in the court below. The injunction was dissolved, and judgment was entered up against Anderson and his sureties for the amount of the execution and the costs of this suit. The plaintiff in error excepted, and brings the judgment to this court for revision.
The statute of 2d February, 1860, enacts, “ That the homestead in a town or city exempt from forced sale is hereby declared to be the lot or lots occupied or destined as a family residence, not to exceed in value $2,000 at the time of their destination as a homestead, nor shall the subsequent increase in value of the homestead, by reason of improvements or otherwise, subject 'the homestead to forced sale.” [Paschal’s Dig., Art. 3928.]
It is contended by the plaintiff in error that the law, having exempted from forced sale the town or city lots occupied or destined for a homstead, also exempts everything necessary for their beneficial enjoyment. That in case the lots are vacant, lumber for the purpose of building a dwelling-house, &c., upon them is necessary to their beneficial enjoyment; and that as the exemption as to the lots begins from the time they are destined for a family resi
The judgment is
Affirmed.