Watson v. Voorhees
Supreme Court of Kansas
Error from Marshall District Court. Watson and wife brought injunction against Voorhees, as sheriff, and the St. Louis & Peoria Plow Company, to restrain the sale of certain real estate under an order of sale issued to Voorhees upon a foreclosure judgment rendered in favor of the Plow Company against the plaintiffs. The district judge, on the 18th of May 1874, refused to grant a temporary injunction, and from such order of refusal the plaintiffs appeal.
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Error from Marshall District Court. Watson and wife brought injunction against Voorhees, as sheriff, and the St. Louis & Peoria Plow Company, to restrain the sale of certain real estate under an order of sale issued to Voorhees upon a foreclosure judgment rendered in favor of the Plow Company against the plaintiffs. The district judge, on the 18th of May 1874, refused to grant a temporary injunction, and from such order of refusal the plaintiffs appeal. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is a proceeding to review an order of the Judge of the 12th District, refusing to grant a preliminary injunction. The facts as they appear in the petition are, that Robert H. Watson and wife, on the 22d of September 1872, executed a mortgage upon a certain tract of land to secure a certain note of even date given for the purchase of a wagon. The land mortgaged was acquired by Watson under the Homestead Act. The application therefor was made September 18th 1866, and the final receipt given September 19th 1872, three days before the…
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