Head v. Sellers

SIMPSON, Justice.

The main question on this appeal is whether the plea in abatement — Plea A — set up sufficient facts to show that the bill of complaint was prematurely filed seeking the foreclosure of a pledge of certain personal property as security for the two unpaid notes set out in the bill. The trial court held that the plea was sufficient and was proven, and made a decree abating the suit, from which plaintiff has appealed to this court.

Those two notes were the last of a series executed by appellee to appellant representing the balance of the purchase price of thirteen shares of stock…