Gray's Exrs. v. Patton's Admr.

Opinion by

Judge Hines :

Upon a former appeal, this court decided that the appellants’ *328mortgage lien was prior to the lien of appellees under their attachment, and reversed the cause with directions to render a judgment conforming to this opinion. Gray’s Admr. v. Patton’s Admr., 13 Bush (Ky.) 625.

After the judgment was rendered in the court below, giving appellees the priority, and before its reversal, Wm. M. Patton received, according to the receiver’s report, a considerable sum which arose from the sale of the mortgaged property, the priority to which was determined in this court as stated.…