Mr. Justice BRADLEY delivered the opinion of the court.
We think that there was no error in admitting in evidence the record of the foreclosure suit, whether Breese was served with the subpœna or not. If he was not served, and could show that fact, he was not bound by the decree. But the decree and sale formed a link in the plaintiff's chain of title from Russell, and at this stage of the cause the deed from Russell to Breese had not been given in evidence...
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