Joslin v. Millspaugh

To a suit on a promissory note, defendant pleaded in abatement the pendency of a foreclosure suit upon a mortgage given to secure the note, and this plea was sustained. Error is brought upon that holding.

The statute regulating proceedings in chancery provides that after a bill of foreclosure is filed, while it is pending, and after decree, “no proceedings whatever shall be had at law for the recovery of the debt secured by the'mortgage, or any part thereof, unless authorized by the court."— Comp. L., § 5149.

The prohibition being subject to the dispensation of the court of chancery, and not to…