Nathan v. Lee

In this case the plaintiffs obtained an order of seizure against the defendant, John M. Lee, on a special mortgage; and E. S. Lee intervened. claiming the same property, which was ordered to be seized, by virtue of a sale and conveyance from the mortgagor. He opposes the summary process of immediate seizure and sale, and to that effect obtained an injunction in the court below; which was after-wards dissolved and set aside; and from the order of dissolution the intervening party appealed.

It is admitted as a general principle of law, that mortgaged property in the hands of a third person,…