Lyon v. Brunson

This is a foreclosure suit. After decree entered for the complainants, sale was made under it, and subsequently on petition of the defendant it was set aside. From the order setting it aside appeal is taken by the complainants and also by the purchasers.

From the petition it appears that defendants had filed an answer in the case, and after the cause was put at issue, •complainants’ solicitor gave notice for the taking of testimony before a commissioner in a different county from that in which the suit was pending. Defendants’ solicitor, not recognizing the right to take testimony out of the…