IH.    Delivery,  presumptive  evidence  of  -

Defendant    hoiight    of   one    l>.    iiis    ec|iiily   cif
recleinptioii   in   a   portion   of   land   suhjeit    to  a

//'A/,  that  as  lietwcen  the  parties  to  it  the  mortgage  to  plaint  ill' and  delivered  to  .Mr.  T.,  a
deed  from  Rogers  ,\t  Co.  to  the  trustee  was  ;  solicitor,  a  mortgage  of  the  same  to  plaiiitill' lo
valid,  and  that  it  was  open  to  ti:c  creditors' |  l>e  lield  as  an  escrow  until  the  lands  should  hu
assignees,  if  they  considered  it  for  the  lieiielit  of  \  released  from  the  jilaintiir's  tirsl  mortgage.  The;
the  estate,  to  have  tiie  jiroiicrty  conveyed  to  mortgage  made  liy  defendant  came  into  llie
them  liy  the  trustee  ;  that  the  judgment  eredi-  possi^ssion  of  jilaint ill's  solicitor  liy  some  means,
tor  never  ol.tained  any  lien  on  the  jiroperty  although  the  condition  as  to  tlie  release  of  ihf
under  Ills  judgment;  Imt  that,  although  the  Imid  from  the  tirsl  mortgage  to  jiliinlil!' wa.s
Court  would  restrain  a  judgment  creditor  from  never  fiillilled,  the  land  having  in  fait  liceii  .-iiid
selling  property  even  under  a  judgliient  that  under  foreclosure  of  the  first  mortgage.  I'laiii-
would  convey  no  title  to  the  purchaser,  and  tiir  lirought  action  upon  the  covenants  in  defeii-
where  the  creditor  only  proposed  to  sell  the  daiit's  mortgage  and  U)ton  the  accompaiiyiiig
right,  title  and  interest  of  the  judgment  ^lid.tor,    lioiid.
