
    Anonymous.
    1842. Oct. 21.
    Where the owner of the equity of redemption is decreed to be a bankrupt during the pendency of a suit to foreclose a mortgage, the assignee in bank, ruptcy must be made a party before a decree can. be regularly taken in such suit.
    This was a bill to foreclose a mortgage, and during the pendency of the suit the defendant who was the owner of the equity of redemption was decreed to be a bankrupt.
    J. D. Willard, for the complainant,
    moved for the usual decree upon the bill taken as confessed against the defendant ; but upon the fact of the decree in bankruptcy being stated,
   The Chancellor

said the suit had- become defective and could not be further proceeded in until the assignee in bankruptcy was made a party; that such assignee was not in the situation of a new purchaser from the defendant pendente lite, as the equity of redemption was cast upon him by operation of law.  