Bailey v. Welch

The agreement between J. L. Welch and his brother and brother-in-law, on their agreeing to become partners in the purchase of the land from Lee and to become bound as his sureties for the payment of his part of the purchase money, that they should retain a lien on the land for their indemnity against this, liability as well as others incurred for him, though not recorded as perhaps required by the statute of 1837, (3 Stat. Law, 143,) is prior in time to the equity of the complainant. Their equity in the specific property or fund attached, commenced only with the service of the attachment; and…