Brown v. Wernwag

¶1DEBT on a promissory note. Plea, that the defendant had executed a mortgage on real estate to secure the debt; that the plaintiffs had obtained a decree of foreclosure and sale of the mortgaged premises; that a writ of error to the decree had been sued out by the defendant, and the cause was then pending in the Supreme Court. Held, on demurrer, that the plea was bad. Stevens v. Dufour, 1 Blackf. 387.