Samuel Freeman Miller

“ If this conveyance of the equity of redemption is to be treated as absolute payment of the debt secured by the mortgage, which, as between the mortgagor and mortgagee, it is intended to be, then, the mortgage being paid off and discharged, and of no further effect, the parties who have obtained a lien subsequent to that mortgage, but prior to the sale to the mortgagee, would find their lien to be a prior incumbrance upon the property, and superior to the title conveyed by the mortgagor to the mortgagee. ”

“ The question as to the validity of that mortgage after the court had set aside the conveyance as dation en paiement was precisely the same as the one in the circuit court of the United States, whose decree we are called to revise, and we think we are safe in following the decision of the supreme court of Louisiana on the same facts, under Louisiana law. The result of these considerations is that the decree of the circuit court dismissing Mrs. Bradley's bill is reversed, and the case remanded to that court for further proceedings. ”

“ To prevent this injustice, equity has established the principle that by holding the possession of his mortgage, and not making any release or satisfaction, he may continue to have the benefit of that mortgage as a lien prior to that of the parties whose rights have intervened ”

“ Bradley on account of the paraphernal property which passed to her husband, for which this mortgage was inscribed. It is necessary to add that in the progress of this case the attachments which had been issued and levied on the property in controversy were dissolved, and that an ordinary judgment was rendered personally against Lisso and Scheen for their indebtedness to the parties plaintiff to this suit. It is therefore clear that the plaintiffs derived no aid in establishing their lien upon the property by reason of these attachments ”