JUDGMENT

Hill and Brett, JJ. - This is an appeal against an order of the Subordinate Judge of the 24-Pergunnahs, dated the 23rd November 1901, dealing with the distribution of a portion of the sale-proceeds of certain mortgaged property. The property appears to have been subject to eight several mortgages of various dates, but the 6th, 7th and 8th mortgagees have no enforceable rights against the fund, which is now under distribution. The mortgagor, one Mr. Chick, was the owner of a plot of land in the outskirts of Calcutta, containing five bighas, and at the time of the first in the series of the mortgages, a house stood upon it which was then numbered 170. While the land was in that condition, he executed a mortgage on the 28fch of September 1885 to one D. J. Bagram, for a sum of ten thousand rupees, bearing interest at 7 1/2 per cent, per annum. This mortgage extended to a moiety of the land, and, as we understand, of the house. On the same date, the mortgagor executed another mortgage to the trustees of Mrs. Bagram's marriage settlement for a sum of eight thousand rupees, bearing interest at the same rate: that mortgage extending to the other moiety of the house and land in ques