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4 N.J.L. 33

Leake v. Chambers

Supreme Court of New Jersey

Decided February 15, 1818

Supreme Court of New Jersey · decided 1818-02-15

THE defendant gave a bond to the plaintiff, 'secured by mortgage on real estate. A suit was commenced in this court on the bond, and a bill for foreclosure filed in Chancery.

Decided 1818-02-15

By the Court.

¶1The motion cannot prevail. The court of Chancery, is the proper place for such an application, where a suit is there depending, as is now the case. There may be equitable considerations, governing the amount to be brought in; which this court cannot regard, and for which the Chancery is adapted.

¶2Rule refused.

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