
    *Samuel Leake against Alexander Chambers.
    IN DEBT, ON BOND, &C.
    Buie, to bring’ money into court, where suit depending ir Chancery, refused. 
    
    THE defendant gave a bond to the plaintiff, 'secured by mortgage on real estate. A suit was commenced in this court on the bond, and a bill for foreclosure filed in Chancery.
    Mr. Pkving,
    
    on behalf of the defendant, moved for a rule, that the defendant have leave on Thursday of the Term, to bring into court, the debt and costs; and cited Pat. 256, sec. 10.
    Mr. Leake,
    
    maintained; that the section cited, embraced those cases, where the debt is not secured by mortgage; and that this court have not the power to grant such a motion, where a suit is depending upon a mortgage Chancery, as in the present case. He cited Pat. 144.
    Mr. Ewing.
    
    There is no incongruity in the statutes 'cited; but if there be, the one page 256 is last, and must govern the case.
    
      
      
         Cited in Den, Smith vs. Kimble, 4 Hal. 335. Hamilton vs. Dobbs, 4 C. E. Green 228.
      
    
   By the Court.

The motion cannot prevail. The court of Chancery, is the proper place for such an application, where a suit is there depending, as is now the case. There may be equitable considerations, governing the amount to be brought in; which this court cannot regard, and for which the Chancery is adapted.

Rule refused.  