Citizens' Bank v. Benachi

The opinion of the Court was delivered by

Bermudez, C. J.

The defendant appeals from a judgment dissolving an injunction obtained by him, arresting executory process issued against real estate, mortgaged by him to secure the payment of the note sued on.

The grounds upon which the writ issued, as set forth in the original and supplemental petitions, are: want of consideration; extinguishment by remission; prematurity resulting from inexpiration of extension of time.

It suffices to say that not only are the defenses inconsistent, but that the record is barren of evidence in support of either.

The…