Lee v. Dearmond

The facts are stated in the opinion of the court, delivered by

Mathews, J.

*321One of the defendants in this case, having obtained an order of seizure and sale of certain property, on which he alleged the plaintiff had given a mortgage, the latter applied to the judge a quo by petition, and obtained an injunction to stay the proceedings, which had been commenced in the via executiva. This injunction was afterwards dissolved by the court below, and the plaintiff appealed.

The plaintiff in the original proceeding, who is here appellee, claimed the right to have executory process on a mortgage given by…