The Law of Mortgages of Real And Personal Property volume 2

Cover The Law of Mortgages of Real And Personal Property volume 2
The Law of Mortgages of Real And Personal Property volume 2
Hilliard, Francis, 1806-1878
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XXXI. ] FORECLOSURE, ETC. — PARTIES. 163 it by the mortgagor, till he has exhausted his remedy against the laiid. I § 07. If, after such sale, the mortgagor pays the first mort- gage, he will 1)0 subrogated to the rights of the first mortgagee against the laud.^ § G8. Though a second mortgagee may file a hill of foreclo- sure against the mortgagor and a third mortgagee, without making the first mortgagee a party, a second mortgagee can- not file a bill to redeem the first mortgage, without maki...ng the mortgagor a party .^ § G9. Where a bill was filed to foreclose a mortgnge, making other persons than the mortgagor parties, charging that one of them had given a prior mortgage on the same premises, which he had since paid, but caused to be assigned to one of the other defendants for the purpose of keeping it alive against the complainant's mortgage, and asking that it be decreed to have been satisfied ; but tiie bill did not show any privity of title to the land between the parties to the first and the parties to the second mortgage, or what was the state of the title at any time, or any obligation on the part of the first mortgagor which would entitle the second mortgagor, or his assigns, to require him to pay or remove such first mortgage : held, the bill showed no title to relief as against the parties to such first mortgage.^ § 70.

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