Kelly v. Kelly

As the petition of S. B. Kelly alleges that H. B. Kelly has no title to the land for which the note on which the judgment was rendered had been executed; and also alleges that said H. B. Kelly is insolvent, there is equitable ground for suspending the coercion of that judgment by injunction, although the time for conveying the land has not yet arrived. And as the judgment on the note was rendered by the quarterly court, and by section 314 of the Code it could be enjoined by no other court, it was proper to file the petition and obtain the order for injunction in that court; and the fact that…