Cumming v. Clegg

Warner, Chief Justice.

This case came before the court below on the petition of Clegg, the plaintiff, to foreclose a mortgage made by Cumming, the defendant, on certain real estate described therein. The defendant filed the following plea in bar of the plaintiff’s right to foreclose his mortgage in the state court:

“And now, at this term of the court, comes the defendant, Thomas S. Cumming, and for plea and defense why said rule nisi should not be made absolute, says that since the last adjournment of this court, to-wit: on the ...... day of November, 1873, this defendant filed his voluntary…