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70 N.C. 455

Woodfin v. Beach

Supreme Court of North Carolina

Decided January 15, 1874

Supreme Court of North Carolina · decided 1874-01-15

MotioN to set aside a restraining order, heard by Henry J., at Chambers in BunooMBE county, 26th day of August, 1873. The plaintiff in his complaint, demanded that the defendants should be enjoined from selling certain lands under' the provisions of a deed in trust, alleging irreparable injury, and on the 4th of August obtained a restraining order until the 26th of the same month, when the defendants were summoned to appear.

Decided 1874-01-15

Reade, J.

¶1Ve agree with his Honor that the injunctive relief set up in the complaint is fully met by the answer.

¶2There was, therefore no error in setting aside the restraining order and refusing the motion to grant'an injunction until the hearing.

¶3This will be certified to the end that the parties may proceed as they may be advised.

¶4Per CuriaM. Judgment accordingly.

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