Montpelier Savings Bank & Trust Co. v. Follett

Hastings, C.

Appellants in this case, against whom a decree of foreclosure was rendered, set up four reasons why that decree should’ he reversed and one entered requiring the plaintiff and appellee to accept a deed of the mortgaged premises in full satisfaction of the mortgage debt:

First. That the petition makes an insufficient allegation as to a prior suit at law on which judgment was rendered for the debt secured by this mortgage, and execution *417issued and returned unsatisfied, in that the allegations fail to negative other proceedings to enforce that judgment.

The allegations in this behalf…