H. C. Tack Co. v. Ayers

Pitney, V. C.

The only contested question in the cause is as to the order of priority between the complainant’s mortgage and a judgment held by the defendant Ayers, who, as he claims, has a lien upon an undivided portion of the mortgaged premises.

The premises in question consist of a lot of about one acre of unimproved and unoccupied land, devised by a father — David Wilson — to three brothers, Henry A., George L. and Charles B. Wilson.

On April 26th, 1882, the three brothers made a partition of the premises into three equal plots, by three several deeds, all bearing date April 26th, 1882, each…