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6 R.I. Dec. 46

Kloner v. Lyon

Superior Court of Rhode Island

Decided November 8, 1929

Superior Court of Rhode Island · decided 1929-11-08

Decided 1929-11-08

BLODGETT, P. J.

¶1Heard upon motion to dismiss bill for lack of equity.

¶2Bill is brought to restrain foreclosure of a mortgage and for an accounting between complainants and respondents.

¶3Complainants allege that a certain amount is due complainants from respondents for rent. Respondents deny any such claim.

¶4Bill must be dismissed as complainants have an adequate remedy at law against respondents upon an unliqui-dated claim. Complainants must first exhaust their remedies at law, as their claim is not based upon any ground arising out of the mortgage in question.

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