Kemp v. Enemark

The plaintiff in this action seeks the equitable relief of injunction to prevent the defendants from selling real property under an execution sale. The trial court denied the relief sought and this is an appeal from a judgment in favor of the defendants. The appeal comes here upon the judgment-roll alone.

The facts of the case as revealed by the record before us are substantially these: John D. Kemp, the husband of the plaintiff herein, entered into a contract with the Bank of San Jose "whereby it was agreed that the bank would lend to said Kemp the sum of two thousand five hundred dollars if…