Miller v. Mitchell

Aumand, Chief Justice.

This appeal and cross appeal are from an order denying an interlocutory injunction.

Charles C. Miller, Sr., by his equitable petition, sought to enjoin R. L. Mitchell, Sheriff of Stewart County, from selling certain described real estate of the plaintiff to satisfy tax fi. fas. for alleged nonpayment of taxes due for the years 1964, 1966 and 1967. He alleged that he had paid in full the taxes due for 1964. He alleged that as to the 1966 taxes, he demanded arbitration, but the tax assessors failed to appoint their arbitrator after he had designated his and he therefore…