Bank v. . Bridgers

The complaint and answer are used as affidavits in the case on the application for an injunction and receiver. It was not necessary that the judge below should "find the facts" further than to examine the affidavits and determine whether sufficient cause was shown for the ancillary relief sought pending the action. In proceedings of the present nature this Court in the exercise of its equitable jurisdiction is required to pass upon the facts as well as the law. Jones v. Boyd, 80 N.C. 258. A serious controversy exists between the parties to this action, involving the bonafides of a deed of…