Lee v. Cooper

C. E. Moritz, holding a mortgage on six acres of land belonging to B. T. Lee, proceeded to foreclose the mortgage by executory proceedings. Lee obtained a writ of injunction, claiming that the mortgage note held by Moritz, for $1,500, was subject to a credit of • $500 for certain oil stock pledged to Moritz and for the value of 7 bales of cotton also pledged to Moritz. The injunction suit was tried on its merits, and resulted in a judgment for the defendant, Moritz, dissolving the writ of injunction. Lee took a devolutive appeal to the court of appeal. Moritz proceeded with his foreclosure,…