Davis v. Berry Schools

The plaintiff filed a petition to enjoin the defendant from exercising a power of sale as to land which the plaintiff had conveyed to the defendant to secure a debt represented by promissory notes. The defendant demurred to the petition, and filed an answer in the nature of a cross-petition praying for a general judgment on the notes and for a special lien on the land. The alleged grounds for injunction in the petition were that the defendant was an eleemosynary institution, had no charter authority to lend money and take a deed to secure debt to secure the loan, and that it was without…