Hill v. Ahern

This is an appeal from a decree that the mortgage held by the plaintiff have priority over the mortgage made by the defendant Ahern to Richard Long, and held by the defendant Phipps as administrator of his estate; and enjoining Phipps against enforcing or transferring his mortgage, except subject to the mortgage of the plaintiff.

The material facts, as found by the master, and shown by the evidence reported by him, are as follows. In June, 1869, Ahern gave his note for $900 to Long, and executed the mortgage to him to secure the note. There was no consideration for the note, and the mortgage…