Pruden v. Savage

The opinion of the court was delivered by

Dixon, J.

The plaintiff brought suit in the Morris Circuit Court upon a money bond for $800, given to her by the defendants,’ dated October 18th, 1887, and' one of the defendants pleaded therein that on the sanie day they had givén the’ plaintiff a mortgage on land in Morris county to secure the same debt;’ that afterwards the plaintiff had prosecuted in the Court of1 Chancery a suit to- foreclose that mortgage, and under a decree therein the land had been sold to the plaintiff for $400; that by- force of the statute (Pamph. L. 1881, p. 184) an action…