The Wilmington daily Republican., 1901-07-27
IS AGAIN
ENJ0lNED.

Before Chancellor Nicholson at DO.
yer to-day Martin +. Smih, of this
city. asked that a preliminary injunc-
tion be granted staying the sale OF
real estate Of Samuel b. Forbes, by
Sheriff Nc DAME on Tuesday pext to
satisfy Judgments held by Sallie A.
Smith, formerly Sallie A. May. The
order was granted and the rule made
reLurnable in this city.
The property in question is located
at Fifteenth and Claymont Streets,
and was seized and once before sold
by Sheriff Mcdaniel on March 23rd.
William f. Nye being the highest
bidder, the property was struck Off to
him for $4,000 and he paid ten per
cent Of the amount, ($600) on that
day. Hearing that the property was
involved in litigation in Chancery
Court. Nyc refused to pay the balance
of the purchase price, until such time
as the Chancellor saw fit to give his
opinion in The matter Thereupon
Sheriff Mcdaniel made a second seiz-
ure of the property and advertised to
sell it at the Court House at 10
O'Clock next Tuesday morning.
Nye is perfectly willing to accept
the property and will pay the money,
when the decision is given, so he
therefore petitions the Chancellor to
grant II preliminary injunction, re.
strainng the sale on Tuesday next,
50 he may have advantage of the time
clapsing until the said decision is
given.
The beginning Of the litigation
dates back to John Il. Taylor's term
as sheriff, when the property was
seized On judgments granted in Su-
peror Court to Sallie A. Smith, nee
May.
Mr.. Forbes consulted Martin E.
and Artemas Smith, who appeared be
fore the Chancellor and got a prelim-
mary injunction preventing the sale
and compelling Mrs. Smith to show
her right to forcclose the mortgage.
There were several legal moves
made and demurrers filed and finally
the defendants petitioned that the
original order for preliminary injunc.
tion he dissolve AS the decree Of
the court is still pending, and the at.
torncy for Mrs. Smith wished to hur-
ry the matter along, the property
was seized under an order Of another
description, and it fell to the lot of
! Sbapif NJ, al fly cn11 II
Attorney Smith claims that this
sale Is being made with the fraudu-
lent intent and purpose Of prevent.
! ing his client from further prosecut.
ing his defence to the collection Of his
indebtedness, and allowing the prop
crty to bc sold at sacrifice, because
Of the cloud upon said title by reason
of the pcndancy Of said suit and the
said previous sale under said original
wrts; that q sale of said real estate
before the rights of the parties in the
said original cause are fully and final
| ly determined by The court, and while
the said William p. Nye, the pur-
chascrnt the sale under said original
wrtS, makes his claim to said real es.
tate by virtue Of said sale, would
work irreparable injury, damages and
costs to said complainant.
The complainant further believes
and says that the issuance Of said va
rious writs of levari facias from the
said Superior Court by the said Sallic
A. Smith, during the pendancy of
said cause in the Court Of Chancery
is in disrespcct, if not in actual con
tempt of Chancery Court.
That the irregular return of til,
said sheriff of the said original writS
of lcvari facias is the beginning of al
attempt to impose on Chancery Cour
and a fraud on the rights of the com
planant. For asmuch, therefore, a!
he is without adequate remedy or re
dress, save only in a Court Of Chan
Gerry, when matters Of this sort ar
alone and properly cognizable, he
therefore prays:
l. That the defendants may truly
answer this supplemental bill, bu
not under oath. the same being here
by expressly waived.
,. Thar your said orator may hav
the full benefit Of said original sui
and proceedings hereunder, agains
the said Sallic A. Smith and Jane!
L. Taylor, sheriff ct al.