First National State Bank of New Jersey v. Barker

LOTTINGER, Judge.

Petitioner, First National State Bank of New Jersey, filed a petition for executory process against defendants, Nancy Riggs Barker, wife of/and David H. Barker (deceased), in foreclosure of a certain mortgage on real property. The defendant, Mrs. Barker, filed petition to enjoin the seizure and sale, and a temporary restraining order issued below. Upon hearing on preliminary injunction, the court held in *771favor of defendant and granted the temporary injunction. Petitioner has taken this appeal.

The facts disclose that on June 13, 1963, the Barkers executed a mortgage on real…