American Nat. Bank v. Bauman

Plaintiff caused executory process to issue on a mortgage, given by defendant to secure a promissory note, made by him, for the sum of $9,500, with 6 per cent, per annum interest thereon and 10 per cent, attorney’s fees, dated January 26, 1924, payable six months after date to the order of defendant, and indorsed by him in blank. There appear no credits on the note.

The sheriff, under the writ of seizure and sale that issued, seized the mortgaged property, and proceeded to advertise it for sale.. Defendant thereupon applied to the district judge for a preliminary injunction to stop the sale;…