Spencer v. Rosenthall

Delany, J. Com. App.

From the judge’s statement appended to a bill of exceptions contained in the record, it appears that the injunction was dissolved for the following reasons: First, it was not alleged that the land was the homestead of plaintiffs; second, Mrs. Annie E. Spencer was not a party to the judgment against her husband ; and third, she had a complete remedy at law.

It seems to be well settled, in this state at least, that if land belonging to A. is levied on" as the property of B., that fact alone does not entitle A. to an injunction to restrain the sale. For such a sale could not…