Reference

Full Case Name

E. B. ATKINSON v. E. EVERETT, Administrator of Clarke Whittier

Status

Published

Syllabus

Injunction — Trust Deed — Stipulation in Notes as to Non-assignability — Liens. Where an administrator sold land, taking grantees’ notes for balance of purchase-money, containing a stipulation that they were not payable or transferable until all liens and liabilities on and against the. lands should bo discharged, and such notes were secured by a deed of trust under which the trustee was preparing to foreclose, and vendees sought an injunction upon the ground that there were various claimants for parts of the land and suits pending for one-sixth of it, to which the administrator replied that those matters had been passed upon by the vendees’ attorney and that the ven-dees bought with full knowledge of the pending suits and conflicting claims and that the stipulation in the notes referred only to judgments against decedent’s estate, which had since been paid, and to the balance of a mortgage debt due by decedent’s estate, which would be paid out of the money to be paid by plaintiffs (the vendees): Held, that it was proper to continue the injunction to the hearing.