by John Marshall Harlan

“ We are of opinion that the sale of the mortgaged property, as an entirety, without having obtained such modification of the decree of 1876 as would meet the requirements of the agreement with Newman, should, under the circumstances, be deemed an election upon the part of the appellants, and those whom they represent, not to have the mortgaged property sold in parts, or subject to Newman's prior lien, and, consequently, not to restrict his lien to that portion of the road embraced by the Chapman deed ”

“ If they do not discharge, in money, Newman's prior lien within a reasonable time fixed for that purpose, the property, covered by that mortgage, including the leased premises, should be again sold as an entirety, or so much thereof sold as may be necessary, to raise the amount, principal and interest, due him, together with his costs in the court below, from the time he filed the petition of intervention. ”

“ And it is clear that the agreement gave Newman the right to be paid out of any proceeds arising from the sale of that part of the Linneus branch covered by the deed of trust to Chapman and by the quitclaim to the receiver. ”