Fountain v. Grant

Head, Justice.

The petitioner sought to enjoin the foreclosure of a deed to secure debt. His application for interlocutory injunction was denied, and no supersedeas was granted. The judgment denying the interlocutory injunction was affirmed by this court. See Fountain v. Grant, 209 Ga. 508 (74 S. E. 2d 245). Subsequently, and before the call of the case for trial in the superior court, the defendant advertised and sold the property described in the deed to secure debt. The petition was not amended. On motion, the judge of the superior court dismissed the petition upon the ground that the issue…