TROPICAL TRADING CO. V. SUCCARI.14

the defendant left the penitentiary, and done evidently in obedience to arrangement understood by the defendant and Bovard and others. It was the very inducement held out by the defendant to Bovard to undertake to make an escape.
We can not take: the narrow and technical view of this subject contended for which would limit its force and effect to persons and to persons only actually and physically engaged in the act of breaking from prisons and officials.
Therefore, let the order affirming and modifying be entered.
Affirmed.
THE TROPICAL TRADING COMPANY versus SUCCARI et
ux., KNOX & COMPANY, INTERVENORS.
No. 88. Argued April 8, 1912. Decided April 27, 1912.
PRIORITY OF LIENS.
A mortgagee, after maturity of the notes secured by the mortgage, and after the bringing of suit, the entry of a decree of foreclosure and the appointment of a receiver, has a prior lien upon the rents issuing from the mortgaged property in the hands of the receiver as against a general creditor who has secured an order of attachment and final judgment in his favor.
Appeal from the Circuit Court of the Second Judicial Circuit;, Hon. Wesley M. Owen, judge.
The facts appear in the opinion.
W. H. Carrington and E. M. Robinson, for intervenor appellant. Hinckley and Ganson, for appellees.
GUDGER, C. J. The complainant brought suit in the Second Judicial Circuit for the foreclosure of a mortgage executed by the defendant herein for the sum of $15,000. Trial was had, and the issue found in favor of the plaintiff, and a decree of foreclosure entered. The marshal of the court sold the property and made his report to the court, which was confirmed.
Win. H. Knox & Company moved for leave to intervene, which was allowed. They then made the motion to set aside the sale, and, 'after hearing, -this motion was also allowed. The court then ordered a resale of the property. Pending these motions the plaintiff asked that a receiver be appointed to take charge of the rents, etc., derived from the mortgaged

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