Thompson v. Ware

Judge Bkeck

delivered the opinion of the Court.

Fanny Ware, sole executrix and devisee of Charles Ware, deceased, held a note upon David Thompson for $1,075, which had been given to her testator, and to secure the payment of which, a mortgage upon real estate had been also executed to him by the obligor. In 1843, William Thompson having a junior mortgage upon the same property, exhibited his bill for a foreclosure, making the executrix of Ware and the mortgagor defendants. The former filed her answer, setting up her claim and relying upon her elder mortgage. The *27latter also answered, admitting…