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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt:...that the mortgage shall be second in order as a lien to another mortgage on the same premises, is valid between the parties if made prior to the delivery of the mortgage, and the assignee of such second mortgage will have no greater right than his assignor possessed, to disturb the lien of the prior mortgage. (Freeman v. Schroeder, 43 Barb. 618; same case, 29 How. 263, G. T. 1864.). Surrogate's decree preferred to legacy.--Where there is a surplus fund in court, after a foreclosure against executors, a creditor who has obtained a surrogate's decree against tlie estate will be preferred to legatees who claim the fund. (Clark's case, 15 Abb. 227, S. T. 1862.) A prior judgment confessed by two partners in a firm consisting of three members, for the purpose of securing a partnership debt, is a lien upon the interest of the two in the partnership property, and is entitled to priority in payment out of the surplus moneys arising from a sale of the property, under a mortgage, over subsequent judgments recovered against all the members of the firm. In such a case, the rights of the parties must be determined by the priority of the legal liens, and the holder of the prior judgment will be entitled to two-thirds of the fund, and the subsequent judgment creditors to one-third. (Stevens v. The Bank, etc., 31 Barb. 290, G. T. 1859.) When mortgage preferred to mechanics1 lien.--W., the owner of tbree lots, executed a mortgage thereon to the plaintiff. Subsequently, and on the 11th day of February, 1873, he mortgaged two of the said lots to Cooper. On the 7th day of April, 1873, one McNiff, who had been employed by the mortgagor to erect buildings on these lots, filed a mechanics' lien against them. Subsequently the three lots and houses were sold together upon the forecl...