White v. Fulghum

This is a hill to marshal securities. Defendant J. H. Fulghum and his wife executed a mortgage upon a tract of land on which they resided to secure a debt of $1,500 to the mortgagee, ¥m. Greer.

Thereafter other creditors of Fulghum, with judgments before Justices of the Peace' and executions thereon returned nulla bona, filed their hill in chancery to foreclose the mortgage by a sale of the land, and to subject the surplus proceeds to the payment of their debts. Foreclosure was refused, because the mortgage had not matured and, the mortgagee refused to consent to a sale; hut the Chancellor…