Leake v. Chambers
Samuel Leake against Alexander Chambers
Leake v. Chambers, 4 N.J.L. 33 (1818)
Headnotes
Buie, to bring’ money into court, where suit depending ir Chancery, refused. (a)
Summary
IN DEBT, ON BOND, &C.
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.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
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By the Court.
The 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.
Rule refused.
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