Middlebrook v. Travis

Apart from the question of costs, in view of the statement upon the argument, which was not denied, that the premises have been sold for a satisfactory sum, no useful purpose is to be served by interfering with the judgment under which such sale took place. The defendants (appellants) insist, that, having pleaded the pendency of another action, this was fatal to the rendering Of a judgment herein. It-appears that the summons in both actions were served on the same day, and of the 27 parties to both actions only 10 are common to both; the difference in parties resulting from the plaintiff in…