Roll v. Smalley

On a bill by a second mortgagee, nothing more than the equity of redemption mortgaged to him can be decreed to be sold, unless the first mortgagee comes in with his mortgage, and thereby consents that a decree shall be made for the sale of the property to pay his mortgage also. No other decree was made on the bill filed by Burt. The sale under that decree, therefore, was a sale subject to the mortgage of Susan Roll.

Decree for complainant.