Samuel Blatchford

“ The court said: 'We think that a creditor of a decedent's estate, whose claim is secured by a mortgage on particular property, has under the act a lien upon that property; but when that is exhausted the mortgage, as such, is functus officio, and in further marshaling the assets the demand must rank according as it may be a single contract or specialty.' The court cited the cases of Tunno v. ”

“ It was held that, under section 26 of the act of 1789, prescribing the order in which debts of a decedent are to be paid, mortgages, whether of chattels or real estate, rank in the third class, and are entitled to payment out of the general estate in preference to specialty and simple contract debts; that a purchase of the mortgaged premises, by the mortgagee or his assignee, under a decree for foreclosure, does not extinguish the mortgage debt for any unsatisfied balance that may remain ”

“ Akers, 132 U.S. 554, ante, 171; the ruling in which cases is that, where the supreme court of a state decides a federal question in rendering a judgment, and also decides against the plaintiff in error on an independent ground, not involving a federal question, and broad enough to maintain the judgment, the writ of error will be dismissed without considering the federal question. The writ of error is dismissed. ”