Vansciver v. Bryan

The Chancellor.

There is no dispute in regard to the complainant’s mortgage, which constitutes the first encumbrance on the mortgaged premises. The whole controversy is a question of priority between two subsequent encumbrancers, whose claims are stated in the bill. Wil*435Ham. Morgan recovered a judgment against Bryan, the mortgagor, in the Burlington Picas, on the 24th of J.uly, 1858, -upon which judgment execution was issued on the 21st of September following. The execution was not levied upon the mortgaged premises, but upon other lands of the defendant in execution. On the 29th of July, 1858,…