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SALMON t?. CLAGETT. 133
answer at the same time; (d) and I shall, hereafter, consider it as
finally settled here, that the motion to dissolve, and all exceptions
to the answer, which may then be filed, shall be taken up and
decided upon at the same time; not, however, denying to the
plaintiff the right, for the purpose of obtaining a sufficient answer
to the full extent required by the bill, to except to the answer
within the proper time, after the motion for a dissolution of the
injunction has been disposed of.
On the part of the defendants, it has been urged that although
they have admitted the execution of the mortgage, they are enti-
tled to a dissolution of the injunction; and also to hare the ex-
ceptions overruled; because they have fully denied all the equity
of the bill, by shewing, that the mortgage was invalid, or had
been satisfied, or had been virtually relinquished and abandoned;
or because one of the alleged mortgagors was an infant at the time
he executed the deed. These allegations, they maintain, are, in
themselves, an ample denial of the equity of the bill, and consti-
tute a sufficient answer to it; such a one as entitles them to rest
their defence upon, by way of answer, without making any farther
disclosures; and also to a dissolution of the injunction.
If these positions are well founded, then indeed the defendants
must be allowed all the benefit they claim from them. But
although it may be admitted, that these allegations would, at the
hearing, if sustained by proof, constitute a complete defence
against the pretensions of the plaintiff, yet at this stage of the
controversy they present other considerations, and involve princi-
ples of a different complexion.
I have never before been called upon to consider these posi-
tions; and on looking into the books, I find the adjudications to
have been much more discordant than I had supposed; and that
the principles and rules of practice, in relation to this matter, yet
remain to be settled. That we may hare a clear and distinct view
of the nature and extent of the subject, I shall endeavour, briefly
to explain, and illustrate such points and distinctions in regard to
the course of proceedings in Chancery as have a bearing upon the
matters I am now called upon to decide.
The learning of the law is so chained together, that it can only
be well understood in its several parts; or in any manner safely
applied to new casts as they arise, by clearly apprehending and
(d) Alexander 9. Alexander, 18 December, 1817; Gibson g. Tilton, 1 Bland, 353.
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