Taylor, Admr. v. Quinn

This action in ejectment was filed in Common Pleas Court by Thad W. Taylor, as administrator of the estate of Harriet C. Taylor, deceased, against Harry Quinn and others, seeking the possession of certain real estate in this county, under defeasance clauses in certain mortgages held by him as administrator.

The principal defense made was that the plaintiff-administrator is estopped from maintaining the action because he had formerly elected to prosecute, and did prosecute, an action for the foreclosure of two mortgages securing two certain due and unpaid promissory notes, which mortgages…