Davidson v. Stringer

This is an original proceeding in prohibition to restrain the Circuit Judge from entertaining jurisdiction in a foreclosure suit, by appointing a receiver for the mortgaged property at the instance of the mortgagor, after the property has been foreclosed upon by a final decree under which a sale has been made and deed to the purchaser executed.

The facts of the case are as follows: Frank W. Kells gave a mortgage to W. M. Davidson. Davidson instituted a foreclosure suit which resulted in the making of interlocutory order against the defendant in foreclosure (the mortgagor) who has appealed to…