Wheeler v. Stewart

In September, 1861, plaintiff obtained an order of seizure and sale in this ease, under which the sheriff seized the property subject to the mortgage, and defendant enjoined the sale; the judgment dissolving this injunction was affirmed by this Court in June, 1865. In April 1865, while the appeal was pending, the defendant made a cession of his property to his creditors, including in his bilan the debt and property inyolved in this suit, and the sheriff refusing, in consequence of the insolv: *674ent proceedings to execute the writ, plaintiff tpok a rule to compel him to proceed. This rule was…