Gatewood v. . Burns
Supreme Court of North Carolina
Jurisdiction of Supreme Court in Issues of Fact — Principal and Surety — Injunction—Sale Under Execution. This was a motion for an INJUNCTION, made in an action pending in Anson County, heard and granted by Clark, I, at Chambers, in Lumberton, on 27th of May, 1887. The defendant Burns alone appealed. The facts necessary to an understanding of the points decided are stated in the opinion.
1Opinion of the CourtMerrimoN, J.
This was a motion of the plaintiffs for an injunction to restrain the defendant judgment creditors from selling lands of the plaintiffs under execution in their favor respectively, in the hands of the Sheriff, until alleged equities could be adjusted and settled by a proper decree of the Court in this action, &c.
The motion was heard at Chambers, upon the sworn complaint and answers used as affidavits, other affidavits, and other evidence taken orally by the Court, th'e substance only of which is sent to this Court.
The defendant Burns only opposed the granting of the injuntion which was…
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