Kemp v. Westbrook

DIXON, Chief Justice.

This is an appeal from a judgment (1) in favor of appellee Joe Westbrook permanently enjoining appellant Charles W. Kemp from foreclosing an alleged deed of trust lien against certain real property, and (2) against appellant Charles W. Kemp on his cross-action seeking judgment for the alleged balance due on a note and for foreclosure of the deed of trust lien.

On December 6, 1960 appellee filed his suit for injunction and was granted an ex parte restraining order enjoining appellant from proceeding with a trustee’s sale advertised for that day, December 6, 1960.

On December…