Hicks v. J. B. Pearce Co.

This is a motion to dismiss an appeal from a decree of the court below dismissing the complainants’ bill. The defendant Pearce held a mortgage upon personal property. The defendant Whitney was the agent of the Pearce Company. On the 20th of December, 1907, Whitney, acting for the company, took possession of the property covered by the chattel mortgage, and appraised the same, and proceeded to advertise the sale thereof. Complainants thereupon filed this bill to restrain the sale; that being the sole purpose of the bill. A temporary restraining order was issued; but a motion was immediately…