Skelton v. Ward

This was an action by the appellants against the appellees for an injunction. The complaint discloses the following facts:

Ward had a mortgage on real estate executed by- Grigsby and wife to secure the payment of a number of notes, some of which were due, and others had not yet matured. On the 13th day of January/ 1871, he commenced an action to foreclose his mortgage, at which time one only of the notes was due. The complaint alleged that the lands could not be divided and sold in parcels, etc. The mortgage provided for the payment of attorney’s fees if suit should be brought to foreclose it.…