Justice v. Warner

This is a suit to enjoin eviction under a dispossessory warrant, obtained under the Civil Code, § 5385, providing for eviction of a tenant for failure to pay rent, etc.; also to cancel a deed to the defendant made in pursuance of sale of the property under a power of sale contained in a security deed executed by the plaintiff, at which the defendant became the purchaser. The alleged ground for cancellation was that the sale occurred in violation of an existing injunction. At interlocutory hearing, after introduction of evidence, the judge dismissed the suit, dissolved the previous restraining…