McTAVISH VS. CARROLL. 165

er creditors; due regard being had to the dates of the instru-
ments under which they respectively claim, and the extent of
property conveyed to each of them severally.

The Chancellor is also of opinion, that the sum which may
be awarded to the parties mentioned in the petition of Josias
Pennington, administrator of Richard Caton,and others, should
be awarded to the heirs at law of said Caton, etnd not to his
administrator.

[After this decision, further testimony was taken, relative to
the value of the parcels of land respectively mortgaged to Neil-
son, and sold to Caton, as compared with the value of the
whole tract covered by the prior mortgage to Charles Carroll
of Carrollton. The parts conveyed to Caton contained togeth-
er six hundred and fifteen acres, and those mortgaged to Neil-
son contained three hundred and seventy-four acres of land.
As the mortgage debt of Carroll of Carrollton was a lien upon
the whole tract, and Caton and Neilson had liens upon portions
of it only, the question was, whether the lien of the former
should be thrown upon the whole fund, and the two latter con-
fined in their claims to so much of the residue as was propor-
tionate to the value of the portions covered by their liens, com-
pared with the value of the whole tract ? or, whether the mort-
gage debt of said Carroll of Carrollton should be thrown, in
the first place, upon so much only of the whole tract as was
not embraced in these two subsequent deeds, and if that was
not sufficient, then upon these two portions of the whole tract;

and thus leave the whole surplus to be applied proportionately
to the claim of Caton and that of Neilson ?

Such of the facts as are necessary to explain the case, and
not given in the previous report, are stated by the Chancellor
in his opinion.]

THE CHANCELLOR :

This case standing ready for further directions on exceptions
to the report of the Auditor, and having been submitted during
the sittings of the term, by the solicitor of George Neilson, ad-