
    JOHN HENRY AND RICHARD HENRY, APPELLANTS, and ADAM KINNAMAN, RESPONDENT.
    In May, 1817, J. purchased land of K. and paid part of the consideration money and gave K. a mortgage on the land for the residue. J. sold parts of the land, and K. released those parts from the mortgage. In August, 1821, judgments were recovered, in favor of other persons, against J., on which executions were issued and levied on that part of the mortgaged premises still held by J., “subject to prior encumbrances.” In October, 1822, pending a suit in chancery by K. against J. for the foreclosure of the mortgage,. J. and his wife re-conveyed that part of the mortgaged premises which he still held, and which had been levied on as aforesaid, to K., in payment and discharge of the mortgage, and K. took possession of the land; the registry of the mortgage, however, was left uncanceled. Afterwards the sheriff sold, under the said levy, and H. became the purchaser; H. when he so bought, having knowledge of the foregoing facts. Held, that H. was entitled to the land free from the mortgage debt.
    This case is reported ante p. 90.
    P. D. Vroom, for the appellants.
    
      W. Halsted, for the respondent
   The decree of the Chancellor was reversed.

Nevius, Justice, dissented.

Decree reversed  