Hurlbert v. Ellenberg

There is but a single question presented by this record, viz: Was the demurrer properly sustained to the plea in bar of the action ?

It is averred in the plea that, since the continuance of this suit, at the ¡November term, 1871, to wit: at the March term, 1872, there was another suit pending, on the chancery side of the court, for the same cause of action—the note in controversy having been secured by a mortgage—that appellant, by his attorney, made an agreement with the attorney of appellee that if appellant would allow a decree on the mortgage, at the March term of the court, he would…