22 S.W. 58 | Tex. App. | 1893
The assignment of errors was stricken from this record by the Supreme Court, and unless there is fundamental error in the judgment it must be affirmed.
Defendant in error obtained a temporary injunction, restraining the sale under execution of four lots of land situated in the same block in the town of Baird.
On final hearing the injunction was made perpetual. The sale was restrained on the ground, that defendant in error was not a party to the judgment upon which the execution issued, and that by the sale a cloud would be cast upon its title; and as the four lots might pass into the *146
hands of as many different purchasers, there was an apprehension of a multiplicity of suits. No facts were alleged tending to show that the contemplated sale under execution would affect the title of defendant in error. Under the well settled rule in this State, it must be held that the petition upon which the judgment enjoining the sale was rendered will not support such a judgment. Mann v. Wallis, Landes Co.,
In the case of Purinton v. Davis,
The cause will be remanded for further proceedings, should appellant desire to amend.
Reversed and remanded.