Ashford v. Tibbitts

The injunction sued out by the plaintiff was properly dissolved. The fact that she had a legal mortgage on the property for which a writ of possession issued in favor of Woodruff would not, if true, be a valid reason to stay the execution of the writ. That execution would not impair the mortgage rights.

The plaintiff, however, complains that there was error in that her legal mortgage upon the premises in question was not recognized by the judgment.

The wife’s legal mortgage takes effect only from the date when the parapher-nal funds went into the husband’s hands.

There is no evidence that the…