
    ANNIE E. BELL, Adm’x., &c., Plaintiff and Appellant, also Respondent, v. JANE P. SPOTTS, Adm’x., &c., Defendant and Appellant, and also Respondent.
    equitable action. .
    Defense that Plaintiff has a perfect Remedy at Law,
    WHERE IT MUST BE INTERPOSED.
    Must be presented by the answer,
    otherwise not available at the hearing.
    Before Speir and Sanford, JJ.
    
      Heard February, 1876;
    
      Decided March 20, 1876.
    
      John E. Parsons, for plaintiff.
    
      F. R. Coudert, for defendant.
    This case, in addition to the proposition stated in the head-note, merely involved a question of fact. The cause was tried before a referee; both parties appealed from the judgment. The general term laid down the proposition in the head-note, and held that the referee had correctly decided the question of fact.
   Speir, J.,

wrote for affirmance.

Sanford, J., concurred.  