Tayloe v. Adams , 1 Va. 329 ( 1821 )

ROANT3, Judge.

The court is of opinion that as it is alleged by the appellant, is not denied by the appellee, and is moreover proved by the testimony, that a mortgage was given by Peter Beverley to Breckenridge a creditor of the appellees, for a part of the debt due by the said Beverley to the appellee; that mortgage amounted to a waiver ot the general lien existing upon the land under the sale of the same by the appellee to the said Beverley, on the authority of Bond v. Kent ^(a) and other cases on the same subject. The decree therefore is reversed for want of equity; except so far, as it prays for personal relief against Peter and Carter Beverley. _