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1 Sarat. Ch. Sent. 51

Bunce v. Woodruff

Saratoga Chancery Court

Decided July 20, 1841

Saratoga Chancery Court · decided 1841-07-20

<p> Mortgage foreclosure—Application to stay proceedings until cross-bill ready for hearing, denied. </p>

Decided 1841-07-20

¶1This was an application by the defendant for an order to stay the proceedings in a foreclosure suit until the suit upon the defendant’s cross-bill should be in readiness for hearing, so that both suits might be heard together. The court denied the application, with costs, because the cross-bill does not set up any valid defense to the foreclosure suit, and is not in support of any defense set up in the answer in that suit; and because the *cross-bill was not filed until after the proofs in the foreclosure suit were closed.

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