Brown v. Hudson

JUDGE WILLIAMS

delivered the opihion of the court:

Appellee having obtained a judgment in equity ,to nforce a lien upon lands of appellant for purchase price, appellant, at the succeeding term of the court, and before the sale was made by the commissioner, filed a petition alleging several grounds for a new trial, but *61did not obtain an injunction against the execution of the judgment, as provided for by section 584, Civil Code.

The commissioner proceeded to advertise and sell the land subsequent to the filing of this petition for a new trial, and B. M. Burdett became the purchaser.

At this sale…