Kontz v. Citizens & Southern National Bank

Atkinson, Justice.

On July 3, 1934, the advertised date of a sheriff’s sale under foreclosure of a security deed, the defendant in fi. fa. instituted an action praying to enjoin sale of the property until May 1, 1935. The exception is to a judgment dismissing the action on general demurrer to the petition. The property levied upon consisted of numerous parcels of valuable land which it was alleged would be sold in bulk in order that plaintiff in fi. fa. might buy it for less than its value, but there was no allegation that it would sell for any more if sold in separate lots and no prayer that…