1. Where final judgment for the plaintiff has been rendered in an action to recover
any part of the mortgage debt, an action shall not be commenced or maintained to foreclose
the mortgage, unless an execution against the property of the defendant has been issued
upon the judgment to the sheriff of the county where he resides, if he resides within
the state, or if he resides without the state, to the sheriff of the county where
the judgment-roll is filed; and has been returned wholly or partly unsatisfied.
2. The complaint shall state whether any other action has been brought to recover
any part of the mortgage debt, and, if so, whether any part has been collected.
3. While the action is pending or after final judgment for the plaintiff therein,
no other action shall be commenced or maintained to recover any part of the mortgage
debt, without leave of the court in which the former action was brought.
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