Howard v. Howard

Jenkins, Chief Justice.

In an equitable proceeding to cancel a deed and for injunction to restrain the cutting of timber upon the land in controversy, the defendant, while submitting to the restraining order, invoked the relief afforded by the Soldiers’ and Sailors’ Relief Act of 1940 (50 U. S.C. A. § 521) to obtain a stay of the proceeding on the merits of the case as authorized by said act. Some fifteen months later the plaintiff, in an ex parte proceeding and without notice to the defendant, obtained an order authorizing the plaintiff to advertise and sell the timber on the land, and also…