Provost v. Swinson

This case is before us on writ of error in the Circuit Court of Brevard County. The plaintiffs in error were defendant in the court below and judgment was obtained against them by the plaintiff. The suit was based upon certain notes secured by mortgage. The defendant filed a plea in abatement. The plea in abatement alleged that on the same date on which the suit at law was filed in the Circuit Court of Brevard County a suit was filed on the Chancery side of the Court by the same plaintiff against the same defendant to foreclose the mortgage which secured the notes and that in that suit the…