Kemp v. Colonial Trust Co.

Error was assigned upon an interlocutory order refusing to enjoin a sheriffs’ sale. At the hearing in the Supreme Court the case was submitted on briefs. Subsequently, on the basis of statements in the brief of counsel for the defendants in error, to the effect that no supersedeas was granted and that the sale had taken place, a rule nisi was issued, calling upon the plaintiff in error to deny or affirm whether the sale had taken place, and to show cause why the bill of exceptions should not be dismissed. The attorney of record for the plaintiff in error filed an answer, refusing to admit or…