Dale v. Shirley

Judge Marshall

delivered the opinion of the Court.

Jeffries, as the beneficial owner of sundry small judgments against P. N. Thomas and others, on which executions had been returned “no property found,” filed his bill to-subject to these demands, 200 acres of land which Thomas had mortgaged to Shirley for a debt of about $113, and making Shirley a party, prayed that he might proceed upon his mortgage, and that so much of the land as remained after satisfying Shirley, might be subjected to his demands. Shirley, by cross bill, set up his mortgage and debt, and prayed for a sale, &c. A decree was…