Hyatt v. Lindner

PRO YO STY, J. The object of the present suit was to clear the property of plaintiff’s, judgment debtor of certain mortgages alleged to be simulated, in order that plaintiff might execute her judgment; but after this suit had been filed and tried, plaintiff’s said judgment was annulled on appeal, so that plaintiff no longer has any judgment to execute, and this suit is functus officio. This suit is therefore dismissed, at plaintiff’s cost in both courts.