Smith v. Wallace

Hatcher, Judge:

The petitioner seeks to prohibit the enforcement of two orders entered by the respondent as special judge of the circuit court on June 7 and 28, 1935, respectively, in the cause of Branchland Pipe & Supply Co. v. King, Trustee, et al. The petitioner alleges lack of jurisdiction to enter the orders.

A decree had been entered in the Branchland cause at a special term of the court held on March 16, 1934, adjudicating liens on certain real property and directing its sale. The property was sold April 28, 1934, the sale and the report of commissioners thereon were confirmed May 26,…