Mount v. President of the Manhattan Co.

Van Fleet, V. C.

The complainant moves to strike out a plea filed by the defendants, on the ground that the matters stated in it constitute no bar to her right of action. In order to determine whether the plea is sufficient or not, it is necessary to know on what facts the complainant bases her right of action. They may be briefly stated as follows: On the 31st day of December, 1873, Andrew Mount and "William S. Mount executed a mortgage on real estate situate in the county of Monmouth, to George D. H. Gillespie and John K. Meyers, to secure the payment of a bond, made on the same day,…