Colonial Tr. Co. (Mccully) v. Flanagan

Opinion by

Mr. Justice Maxey,

This is an appeal from the order of the court below dismissing exceptions of H. J. McCully, a lien creditor, to sheriff’s special return on an execution. The judgment on which the execution was issued was secured by Sci. Fa. on a foreclosure of a mortgage given by J. C. Flanagan et ux. to the Colonial Trust Company. At the execution a list of liens was filed, wherein the judgment on the Sci. Fa. was shown to be a first lien-representing a liquidation of the mortgage debt. The exceptant below, H. J. McCully, claims to be a creditor Avith a lien prior to the lien of…