Davis v. Berry Schools

Bell, Justice.

The plaintiff filed a petition to enjoin the defendant from exercising a power of sale as to land which the plaintiff had conveyed to the defendant to secure a debt represented by promissory notes. The defendant demurred to the petition, and filed an answer in the nature of a cross-action, praying for a general judgment on the notes and for a judgment establishing a special lien on the land. The court sustained the demurrer and dismissed the action, and, after introduction of evidence, directed a verdict in favor of the defendant on its cross-action. The plaintiff filed ai…