The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-05
GOT An NJUNCTIOs.
sale of the WheeImen's Track Prop
erty VIII Not Come on To-day.

HAAe OF the " A~NoD-
erty VIII Not Come on To-day.
There was quite an exciting little ar
gument before Judge Fallgant In the
chambers Of the superior court yester-
day. and it all came about on the appH-
cation fer an injunction by the Merchants
ana Mechanic Land Company 10 prevent
a sale OF the property OF the Wheelmen's
Track Association. which. according 10
the advertisement, was 10 have taken place
to-day under two liens held by Mr.. NJ
W. Dixon, surviving co-partner Of the
firm Of Messrs. Dale, Dixon & CO.
In 1888. to go back little for the pur-
pose Of explanation, the Merchants and
Mechanics Loan and Building Company
sold a piece OF land out on the Savannah.
Thunderbolt and Isle Of Hope railroad TO
the Wheelmen's Park Association. and
this property was afterward converted
into a racing park The Merchants and
Mechanics Loan and Building Company
took a mortgage for the balance Of the
purchase money. amounting to s. sol. which
in May OF the same year was conveyed
10 the Merchants and Mechanics Land
Company. its successor.
The Wheelmen's Park Association
bought two lots Of lumber from Dale,
Dixon & Co.. one amounting TO 81 .s29. IS,
and the other TO $l17l9 for both OF which
amounts Messrs. Dale. Dixon & Co. took
liens against the property. Last Deem
Der 0fessrs. Dale. Dixon & Co. instituted
proceedings to foreclose these liens, and
the Savannah Wheolnnen's Association Of
fered nc defense. but allowed a decree for
both TO be taken. although it is claimed
they we're not entitled to the lien for the
larger amount. The Merchants and Me-
chanics Land Company knew nothing OF
the proceedings, it is claimed, until they
saw the property advertised for sale, and
President d. G.. Purse then consulted his
attorneys, Messrs. Nicholson & McKe-
than, TO take steps 10 prevent sale,
which would damage their claim under
a prior mortgage.
Peculiarly. however. under the law the
material mans lien has priority over a
prior mortgage. and II the liens Of Messrs.
Dale Dixon & Co are valid the Merchants
and Mechanics Land Company could have
no cause for an action. The latter al
leged collision and fraud however. on the
part of the Wheelmen's Track Association
with Messrs. Dale Dixon & Co. and asked
on this ground to have the judgments on
these liens set aside, they stating that the
petitioners were not entitled to a verdict
in either case. They asked further that
the case be re-opened, that a rehearlng of
the whole matter be mad and that they
be allowed to intervene and protect their
rights. They asked for a temporary in
junction restraining the sale until the
matter could be finally adjusted
The sale under the liens of Mr. NJ w
Dixon was TO have taken place this
morning, and the petition for an iniunc-
lion was only filed yesterday. Judge Falli-
giant at first seemed rather disincined to
grant the injunction for fear that II
might injure the claims Of Mr.. Dixon Mr.
Dixon was represented by Messrs. Charl-
ton, Mackall & Anderson. and Mr.. Charl-
ton protested strongly against any post
ponement of the sale, claiming his clients
liens were valid and that the sale should
proceed under them. Judge Falligant fin
ally agreed, however, to grant temper
airy injunction provided that the Mer-
chants and Mechar 'cs Land Company
would give a good bond in the sum OF
5000 to satisfy any claim for damage that
Mr.. Dixon might have by reason of the
0ostponement Of the sale. To this the
Merchants and Mechanics Land Company
agreed and provided the bond is presented
TO the sheriff this morning by 8 o'clock
as 1t no doubt win be. the sale will be
postponed and will not take place until
the case has been given a hearing in court