
    Benton v. Barnet.
    When notos secured by a mortgage are held by different persons, if each holder brings a foreclosure suit the actions may be consolidated, and the holders may have separate judgments.
    
      Wbit ob Entry, to foreclose a mortgage. Facts found by tbe ■court.
    The mortgage is tbe same as that in tbe suit Noyes v. Barnet, 57 N. H. 605, and is beld by Noyes. Benton bolds three and Noyes bolds one of the notes secured by tbe mortgage. Noyes’s suit was entered at tbe April term, 1874, and Benton’s at tbe April term, 1877. At tbe November term, 1876, Noyes obtained leave to amend by joining Benton as co-plaintiff, and filed tbe amendment at tbe November term, 1877, Benton objecting. At tbe November term, 1878, tbe defendant moved for a nonsuit in Benton’s suit because Noyes was not joined as co-plaintiff, which motion was granted unless tbe plaintiff would amend; and tbe plaintiff ■excepted. The plaintiff thereupon amended by joining Noyes as co-plaintiff; whereupon the defendant renewed bis motion for a non-suit because of tbe pendency of tbe prior action. Tbe motion was ■denied, and tbe defendant excepted. Tbe evidence tended to show a defence to tbe note beld by Noyes. The court found for tbe plaintiff, Benton, and ordered conditional judgment as of mortgage for tbe amount of tbe notes beld by him, to which tbe defendant excepted, and filed this bill of exceptions, which was allowed.
    Ray, Brew 8f Jordan, for- tbe defendant.
    
      Benton Eutchins, for tbe plaintiff.
   Smith, J.

Tbe suit last brought should be consolidated with ¡the first suit, costs being regulated at tbe trial term. Benton need not wait until- Noyes has established his right to recover. Tbe holders of tbe notes may have separate judgments, and at tbe same or different terms. If Noyes recovers a separate judgment, tbe rights of tbe parties can be as well adjusted as if there were but ■one judgment for Benton and Noyes.

Exceptions overruled.

Stanley, J., did not sit: tbe others concurred.  