Majority
p. 9Samuel Judd v. Hannah Van Cortland admr’x &c. et al.
J. R. Lawrence, for appellant;
G. F. Comstock, for respondents.
Decree and order of the late vice chancellor of the seventh circuit reversed; and a decree directed to be entered declaring that the complainant’s mortgage is the prior lien upon the premises; that he is entitled to a preference in payment out of the proceeds of the sale of the mortgaged premises ; and that the representatives of Van Cortland have also an equitable claim upon the premises for the amount due
p. 64
on the bond and mortgage to Van Cortland. Reference to a master directed, to inquire and report the amount due to the complainant, and to the representatives of Van Cortland. Decree also to direct a sale of the premises, and for the payment to complainant of the amount reported due to him with interest and costs, out of the proceeds ; and that the residue of the proceeds of the sale be applied • to the payment of the amount reported due to the representatives of Van Cortland, with interest from date of report-; with liberty to such representatives to proceed either at law or in equity against the-defendant Wendell for the deficiency, if any.