Stout v. Vankirk

The Chancellor.

The bill is filed for the foreclosure and sale of mortgaged premises. The only matter of dispute is between the complainant and Abraham Cruser, who sets up a judgment prior in date to the mortgage.

The mortgaged premises formerly belonged to Benjamin Vanldrk. While he was the owner, Samuel Terhune recovered against him the judgment in question. Subsequent to the judgment, Vankirk executed the mortgage now held by the complainant.

The mortgage was given to secure the payment of $500. It was executed by Vankirk and wife to Charles II. Stout, on the 11th of May, 1846. On the next…