Day v. Worland

Black, C.

The appellant, Jane T. Day, sued the appellee Beo^ IT. Worland and his wife upon his promissory note, and to foreclose a mortgage on certain real estate owned by him, executed by him and his said wife to secure said note. Pending the action Mrs. Worland died, and the suit was discontinued as to her. The other appellees, William Miller, Simon B. Worland, and Erastus L. Floyd, administrator de bonis non of the estate of Benjamin M. Bowen, deceased, were also made defendants.

The question in dispute here relates to the giving by the court below of priority over said mortgage to a certain…