Holmes v. Shaver

This was a bill in chancery, in the Carroll circuit court, by Denison F. Holmes, complainant, against Nicholas N. Shaver, defendant, to restrain proceedings at law, instituted by defendant against complainant, for the recovery of the amount of two promissory notes executed by the latter to the former.

On demurrer to the bill, the injunction was dissolved and the bill dismissed. Complainant appeals.

It appears one Henry Smith, in 1850, executed to the trustees of schools of township 23 north, range 7 east, a mortgage on the north-east quarter of section seven (7), in that township and range,…