United States v. James L. Allen and H.W. Allen

VANCE, Circuit Judge:

This is an appeal from the district court’s judgment enjoining the non-judicial foreclosure of a deed to secure debt from James W. Bush (Bush) to James L. and H.W. Allen (the Allens). The injunction was issued on the complaint of the United States through the Farmers Home Administration of the Department of Agriculture (FmHA). FmHA sought the injunction to protect its interests as a junior lienholder and avoid the paying of attorneys’ fees. The controlling facts were stipulated by the parties. Other issues having been settled the only dispute remaining concerns the…