Honea v. Gilbert

Gunter, Justice.

This appeal is from a judgment that temporarily enjoined the appellants "from accelerating the balance of the debt on the land in question and from foreclosing thereon and from exercising a power of sale with respect thereto.” The judgment also overruled appellants’ motion to dismiss the complaint of the appellee for failure to state a claim.

Appellee, before making an interest payment due on a promissory note held by appellants, demanded the release of certain acreage that he had conveyed to appellants to secure the payment of the promissory note. Appellants refused to release…