Clay v. Smith

Head, Justice.

1. The assignment of error on the overruling of the defendant’s demurrers to the petition of Smith in the suit on the promissory note has been specifically abandoned.

In SO' far as the defendant’s amendment to his answer, dated March 8, 1951, sought to enjoin the foreclosure of the deed to secure debt, it came too late, since the deed had been foreclosed prior to the filing of the amendment. It is axiomatic that a court of equity will not grant an injunction to restrain a single act which has been fully completed prior to the restraint sought. Whether or not the deed to secure…