Mr. Justice GRAY delivered the opinion of the court.
Plaintiff commenced an action against the defendant, H.J. Chopping, and others to recover judgment on a note in the sum of $40,000 and to foreclose two mortgages alleged to have been executed and delivered to plaintiff by the defendant Chopping as security for such indebtedness. Upon trial of the case with a jury present a verdict was returned for the defendants and judgment was entered in accordance therewith....
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