Hayes v. . Pace

This litigation grows out of the case of Roper v. Insurance Co.,161 N.C. 151. In the present action the judge restrained the defendants from completing the sale of certain lands referred to in the pleadings.

From the pleadings and affidavits in the record these facts appear:

On 26 November, 1908, C. E. Roper and wife executed to A. L. Holmes a deed of trust to secure $3,200 and interest, the land included in the conveyance being a boundary of about 300 acres situated near Hendersonville. The grantors subsequently built a hotel on one of the lots included in the boundary, and gave other…