McGill v. Sutton

The opinion of the court was delivered by

Pollock, J.:

This action was brought by Milton Sutton and wife to restrain the sale of an eighty-acre tract of land levied on under an execution issued on a judgment in fayor of plaintiffs in error and against Milton Sutton, F. W. Smith, M. G. Farley, I. A. Collins, J. H. Hannam, G. W. Hannam, and J. P. Brown-lee. Among other grounds alleged, upon which the injunction was procured, were that the property seized belonged to the wife, Mary Sutton, and that it was the homestead of plaintiffs. A jury was called to advise the court on questions of fact. At…