Same opinion as in Smith v. Mechanics’ Building & Loan Association.
Error, and judgment according to that opinion, which will be certified.
Order reversed.
(See the Syllabus in the preceding case.)
Civil actioN, for the cancellation of a mortgage and for an account, and also praying for an injunction, heard before Kerr, </., at Chambers in the county of New' HaNoveb, on the 6th day of March, 1875.
The facts in this case are substantially the same as in the ease of Smith and wife v. The Mechanics' Building da Loan *379 Association, (the same defendant,) and the same orders were made by bis Honor, the presiding Judge.
From the order, vacating the restraining the order and refusing to grant the injunction prayed for, the plaintiff appealed.
Strange, London and French, for appellant.
Smith di Strong, Fowle and Batchelor, contra.
Same opinion as in Smith v. Mechanics’ Building & Loan Association.
Error, and judgment according to that opinion, which will be certified.
Order reversed.