Weil v. Richardson

This is an action under section 1969, Revised Statutes 1919, for injunctive relief against a pending execution sale of real estate. Judgment for plaintiffs and defendants appeal. When the case was originally heard here it was the opinion of the court that title was involved, in view of the issues made by the pleadings and the judgment called for upon the entire case. It was certified to the Supreme Court where in Division No. 2 it was held by the majority, accompanied by a dissenting opinion (Weil v. Richardson, 7 S.W.2d 384), that the judgment rendered did not in itself affect title to real…