Madray v. Ogden

Grice, Justice.

Here we have a question of venue. It arose by a nonresident’s motion which sought to dismiss the plaintiff’s motion to make him a party to a pending action against two resident defendants.

The litigation began when W. C. Madray filed suit in the Superior Court of Wayne County against O. P. Ogden and J. L. Robinson, residents of that county, seeking to enjoin them from foreclosing under power of sale in a security deed and also seeking monetary damages. The complaint alleged that the foreclosure should be enjoined because of failure to advertise as required and also because the…