Tradesmen's Building &c. Ass'n v. Thompson

The Chancellor.

After -the decision in this cause was announced (Tradesmen's Building §c. Association v. Thompson, 4 Stew. 536), leave was given to the complainants to amend their bill so as to *134claim subrogation to the rights of the holders of the Wal.lace mortgage at the time when it was cancelled. The bill was amended accordingly, and testimony has been taken in reference to the subject of the amendment.

The complainants took their mortgage, which is for $2,200 and interest, upon Thompson’s property, with the understanding that it was to be, and in fact was, the first encumbrance. There were,…