Eylar v. Read

Stayton, Associate Justice.

O. A. Eylar, being the holder of several notes executed by J. F. Eylar, one of which was secured by a valid deed of trust upon his homestead, caused the trustee to advertise the property for sale. This suit was brought to enjoin the sale, upon the ground that the debt secured by the trust deed had been paid. The injunction was dissolved, but the bill was not dismissed. After the injunction was dissolved the court required the defendant with sureties to execute in accordance with the statute a refunding bond. This was done, and the" property was sold by the trustee…