Clapp v. E. M. Maxwell & Co.

Lake, Ch. J.

The action below was brought to obtain an injunction against the sale of certain real estate under an ordinary ex-*543edition. The judgment on which this execution was issued was rendered in an action brought by the said E. M. Maxwell & Co. against Lucretia E. Altaffer and others, for the foreclosure of a mortgage upon real property other than that now in controversy. The decision of the question of the plaintiffs’ right to the injunction sought, independently of the incidental question of homestead, depends entirely upon the effect that must be given to the judgment in the…