Witter v. Neeves

The respondent commenced an action to foreclose tbe mortgage given to secure a note of $10,000 against tbe appellants in August, 1889, and obtained tbe usual judgment therein in January, 1890. In October, 1889, tbe respondent commenced an action at law against tbe appellants on said note, and they pleaded tbe foreclosure judgment in bar. Tbe court found that tbe judgment of foreclosure was not a bar to tbis action, and rendered judgment in tbe action on tbe note.

On tbis appeal tbe only question is whether the plea ought to have been sustained. We are compelled to answer' that question in tbe…