Bunn v. Werner
BUNN Et Al. v. WERNER Et Al.
Opinion
PER CURIAM.
Appellants filed a complaint for an injunction to prevent a foreclosure sale of certain real estate under a deed of trust securing a usurious note, and for reformation of the note and deed of trust. Appellants moved at the same time for a preliminary injunction to prevent the sale. This appeal is from an order overruling that motion.
When the appeal was argued counsel for each side said in open court that the foreclosure sale had taken place. It follows that this appeal must be dismissed as moot and the case remanded to the District Court for final hearing on the merits. At that hearing the District Court will not be bound by the findings and conclusions on which the denial of a preliminary injunction was based.
Remanded.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
-
(injunction filed to prevent “a foreclosure sale of certain real estate” dismissed as moot after foreclosure sale had taken place)
Cited by 5 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.