Court of Appeals of Kentucky April 16, 1869 (Gwith v. Champlin)

Opinion of the Court by

Judge Robertson:

The pending of the petition.in equity filed by the appellees in the suit by the appellant against Arnold for enforcing a mortgage partly for the benefit of the appellees, was not available ground for abating or barring the. action at law on the note for securing the payment of which the petition in equity was filed.