
    *The Commonwealth v. Ragsdale, and Ragsdale v. The Commonwealth.
    Monday, September 7, 1807.
    Mortgaged Property — Decree for Sale — person In Possession Not a Party — Rule to Show Title — Attachment.  — A decree being entered for the sale of mortgaged property, of which a person not a party to the suit is found to be in possession; a rule may be made upon such person; and, unless he shews a paramount right in himself, the property may be ordered to be delivered to the commissioners acting under the decree; and, if necessary, such order may be enforced by an attachment.
    In these suits it appeared, from the report of the commissioners appointed to sell the mortgaged property, that Benjamin Quarles was in possession of some of the negroes whom he acquired after the mortgage was duly of record, and refused to give them up to the commissioners, to be sold according to the decree of this court heretofore pronounced.
    The Attorney-General submitted to the court the course to be taken.
   PER CURIAM.

The usual course of the court has been to make a rule upon the person in possession, where fas in this case)' he is not a party to the suit; and, unless he shews a paramount right in himself, to-order the property to be deliveied to the commissioners acting under the decree; and, if necessary, to enforce such order by an attachment. Eet the rule be returnable to the next term.  