Innes v. Stewart

Campbell, J:

Innes filed his bill to restrain a suit on a bond for an *286alleged deficiency after a mortgage foreclosure, the sale having been made in April and confirmed in June, 1864, and the suit complained of having been begun in 1874. The bill claims the debt was paid by the sale, and also that ■whether technically paid or not, the circumstances were such .as to operate the same result, by the interference of interested parties in preventing bidders from appearing.

No leave was granted by the circuit court of Kent county, where the foreclosure was had, to sue on the bond, which was necessary…