34 S.E. 634 | N.C. | 1899
The case is fully stated in the opinion. A tract of land claimed by the plaintiff was about to be sold under an execution which was issued upon a judgment rendered in favor of the defendant against P. P. McLean, the husband of the plaintiff, when the plaintiff commenced this action under chapter 6 of the Laws of 1893, to remove an alleged cloud from her title caused by the judgment and execution. A restraining order was made against the defendant enjoining him from making the sale under the execution, and the same was afterwards continued until the final hearing. The affidavits filed in the cause show that there is an issue as to the bona fides in the execution of (492) the deed under which the plaintiff claims. This is an appeal by the defendant from the rule continuing the restraining order.
It was conceded by the plaintiff's counsel, on the argument here, that, under such cases as Southerland v. Harper,
Under a line of decisions of this Court, culminating with McNamee v.Alexander,
For the reasons above stated, we think there was error on the part of the court below in continuing the restraining order.
Error.
Cited: Connor v. Dillard,
(493)