Dillaway v. Butler

This is a bill in equity, brought by a mortgagee of personal property, against the assignee in insolvency of the mortgagor and a prior mortgagee. It alleges that the conditions of both mortgages are broken, and that the whole amounts secured by them are due; that the first mortgagee has *480given notice of his intention to foreclose his mortgage; that the assignee in insolvency of the mortgagor has taken possession of the property, and refuses to deliver it to either of the mortgagees, and has removed and concealed it so that it cannot be discovered by the plaintiff; that the assignee denies the…