Owings v. Graham

The opinion of the Court was delivered by

Mr. Justice Cothran :

These two actions were tried together. The first is an action to enjoin the enforcement of certain executions issued upon judgments recovered' against D. H. Counts and levied upon certain real estate conveyed by Counts to Mrs. M. A. Owings. The second is an action to foreclose certain mortgages executed by Counts and claimed by M. J. Owings as assignee.

The-cases were referred to a special referee to take the testimony, and were” heard by his Honor, Judge Frank B. Gary, who filed a decree dismissing the first action and finding…