15 A. 146
Supreme Court of New Hampshire Hillsborough.
Decided June, 1888.
DEBT, on an injunction bond filed in a bill in equity brought by Porter against the plaintiffs for leave to redeem mortgaged lands. Porter obtained a decree giving her leave to redeem by paying to the plaintiffs the amount of the mortgage debt in thirty days. She did not redeem.
CARPENTER, J.
By the terms of the condition Porter was to pay to the plaintiffs the damages occasioned by the injunction “in case the proceeding in which the injunction has been issued shall be determined against her.” The determination of the proceeding was in her favor. She obtained leave to redeem, which, so far as appears, was all she prayed for in her bill. There was no breach of the condition, and there must be.
Judgment for the defendants.
SMITH, J., did not sit: the others concurred.
C. H. Burns, for the plaintiffs.
H. B. Atherton, for Porter. W. W. Bailey, for the other defendants.
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