
    Ira B. Cary v. Ezekiel Folsom and others.
    When mortgaged premises are sold in parts to different purchasers, the mortgagee, on foreclosure, will be compelled to first exhaust the part last sold, and thus, in the inverse order of sale, till the mortgage be satisfied.
    Where different persons hold parts of the same mortgaged premises, some under judicial sales, and some by private sale, the same rule applies.
    That a purchaser at judicial sale will overreach a purchaser of the mortgagor, who made his purchase pending an appeal from tho court of common pleas to the Supreme Court — judgment in the common pleas having been against the mortgagor.
    This is a bill in chancery to foreclose a mortgage, reserved in Cuyahoga county.
    The bill alleges that Folsom, on September 7, 1835, was seized in fee of tho lands in question.
    That, to secure the payment of certain bills of exchange which it was contracted should be drawn upon tho complainant and other persons, a penal bond, in the sum of $20,000, was entered into; and, to secure the performance of the condition of said bond, Folsom and wife, on the said 7th of September, executed the mortgage set forth in the bill; that, on January 1, 1838, there was found to be duo complainant, under said arrangement, the sum of $462.50.
    *The president, directors, and company of the bank of Wooster, the Commercial Bank of Lake Erie, John W. Allen, assignee in bankruptcy of said Folsom, Walter W. Webb, and Horatio Averill, are made parties.
    The following agreed statement of facts is admitted as the answer of the defendants, by consent:
    
      1. On October 11, 1837, said Webb and Averill recovered a judgment against the defendant, Ezekiel Folsom, lor the sum of $387.73 and costs of suit, and from which said judgment said Folsom took an appeal to the Supreme Court; and on August 8, 1838, said Webb and Averill recovered a judgment in the Supreme Court for the sum of $437.92 and costs of suit; that said judgment was remanded to the court of common pleas for execution, on November 20, 1838 ; that on October 29, 1839, an alias ft. fa. was issued on this judgment, and on October 30, 1839, the east half of the premises mortgaged to the complainant was levied on, and this levy is still in force, no sale having been made.
    2. On'said October 11, 1837, said president, directors, and company of the Bank of Wooster recovered a judgment in the court of common pleas of said county against said Folsom and some other parties, defendants (said Folsom being principal debtor), for the sum of $7,402.20 and costs of suit; that on July 16, 1838, execution was issued; and on October 17, 1838, the west half of the premises mortgaged to said complainant were levied on under this execution.; and, under this levy, the said west half has been sold and conveyed to the president and directors and company of the Bank of Wooster.
    3. That on April 13, 1838, said Folsom and.wife conveyed the east half of said mortgaged premises to the Commercial Bank of Lake Erie by a warranty deed, the consideration of which is not questioned.
    *Tho question submitted to the court is, upon which portion of the mortgaged premises the money due complainant shall be chai-ged.
    Allen & Stetson, for complainant.
    C. Stetson, for the Bank of Wooster.
    Payne & Wilson, for Webb and Averill, and the Commercial Bank of Lake Erie.
    The case was submitted without argument.
   Read, J.

The question is, out of what part of the premises shall the complainant be compelled first to resort for the satisfaction of his mortgage?

It is admitted the mortgage is the oldest and preferable lien, and covers the whole premises.

On October 11, 1837. Webb and Averill recovered a judgment against Folsom for $387.73. The lien upon the land is kept alive.

On said 11th day of October, the president, directors, and company of the Bank of Wooster, recovered a judgment for the sum of $7,402.20, and the west half of said premises were sold on execution on October 7/1838, and convoyed to the president, directors, and company of the Bank of Wooster.

There is no controversy between these judgments.

On April 13, 1838, Folsom and wife conveyed the east half of the mortgaged promises to the Commercial Bank of Lake Erie, by a warranty deed. »

It is a well-established principle that where one person has a lien upon entire premises, and other subsequent liens or interests have been acquired on different parts of the same promises, the lien upon the whole premises shall be enforced against the *last-acquired interest first, and thus prevail to subject each successive junior right first, until the whole lien be satisfied.

In accordance with this principle, the east half of said premises will be first subjected to satisfy the mortgage, and if that be not infficiont, then the west half.

Decree may be taken accordingly.  