New York Supreme Court March 15, 1879 (Snelling v. McIntyre)

Van Vorst, J.

At the time the moneys were advanced by the mortgagees, upon the mortgages now sought to be foreclosed, there were prior mortgages upon the premises, executed by the defendant, Charles McIntyre, before his marriage. The after-acquired dower rights of his wife, the defendant, Catharine McIntyre, were in subordination to the rights of the holders of these mortgages.