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MOSS v. GIBBS

No. A-9497.

370 S.W.2d 452 (1963)

James W. MOSS, Petitioner, v. Emily GIBBS, joined pro forma by her husband, Chris Gibbs, Respondents.

Supreme Court of Texas.

Rehearing Denied October 2, 1963.

Attorney(s) appearing for the Case

Neal & Hazelwood, Amarillo, for petitioner.

Monning, Monning & Umphries, Amarillo, for respondents.

NORVELL, Justice.

Essentially, this is a "special community property" case. The petitioner, James W. Moss, sought to levy upon three town lots in Amarillo, Texas, under a writ of execution to satisfy a judgment against Chris Gibbs, the husband of respondent, Emily Gibbs. The trial court entered a perpetual injunction restraining petitioner and the sheriff of Potter County from selling the lots in question. The injunction was based upon a jury finding that said lots...

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