Supreme Court of North Carolina March 28, 1899 (McAllister v. . Purcell)

Clare:, J.

Tbe plaintiffs’ mortgage was executed in 1884 and duly registered. An.interlocutory decree of foreclosure thereon was entered in this action in 1890, but before sale made tbe defendants executed a second mortgage to Worth & Worth, in 1897, who are made parties defendant and plead tbat they should be preferred in tbe decree of foreclosure by reason of tbe fact (which is admitted) tbat