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13 Mo. 222

Clark v. Condit

Supreme Court of Missouri

Decided March 15, 1850

Supreme Court of Missouri · decided 1850-03-15

The court raised the question whether or not the judgment at law was not a bar to the relief now asked in equity; if it is not, the judgment at law, admitting it to he right, only determines that Condit was entitled to have a judgment on the note against Clark, because he did not pay 'off the mortgage. .

Decided 1850-03-15

BIRCH, J.

¶1After giving to this case the most patient consideration, and reflection, we have arrived at the conclusion that it is not ODe which can now consistently or rightfully invoke the interposition of a court of equity. Referring, therefore, to the report of the same case (at law), which will be found in 11 Mo. R.(a) the decree of the Chancellor is affirmed, and the bill thereby dismissed.

¶2(a) See ante, p. 79.

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