Vredenburgh v. Burnet

The Vice-Chancellor.

The only point disputed in this case is, wbicb of two mortgages is entitled to be first paid. They were both made *230May 20th, 1871, by the same mortgagor, to the same mortgagee, and cover the same premises. Both have since been assigned. That now held by the complainant was assigned May 22d, 1871, and recorded the next day, May 23d; the other was recorded May 22d, 1871, and remained the property of the mortgagee until August 21st, 1873, when he assigned it to the defendant, William II. Burnet.

Both mortgages having been executed at the same time, and both being the property…