Carson v. Thomas

BOLIN, Judge.

Appellants, alleging they were owners by inheritance of an undivided interest in property which was scheduled to be sold the next day at public auction to effect a partition by licitation, sought to stop the sale by obtaining a temporary restraining order, a preliminary injunction, and in due course a permanent injunction. The grounds for enjoining the sale were alleged defects in the partition proceedings. From judgment dissolving the previously issued restraining order, casting plaintiffs in rule for costs and attorney’s fees, and ordering the sheriff to proceed with the sale,…