Goring v. McTaggart

Appellee asked and obtained an injunction -enjoining appellant from selling a lot upon a precept issued. *201for the collection of an assessment for the expense of improving a street'in front of the lot.

The complaint was sufficient to entitle the appellee to an order prohibiting the sale upon the precept, inasmuch as it showed that the precept was void. A sale upon a void writ or precept may be enjoined. Equity interferes in such cases in order to prevent a cloud from being cast upon the title.

It appears that no legal estimate had ever been made for the cost of the improvement, and without such…