
    SUSAN ROLL v. ABNER SMALLEY AND OTHERS.
    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.
    Boltus Roll devised to his widow, Susan Roll, the use of all his homestead plantation, during her life. She conveyed to Abner Smalley all her estate in the plantation, and Smalley, in consideration thereof, executed to her his bond in $500, and a mortgage on his estate, in the said plantation, conditioned for the comfortable support of .the said widow during her life, or, in default thereof, for the payment to her of $500, with interest thereon. The mortgage was recorded.
    Smalley afterwards gave a mortgage on his estate in the-said plantation to one Wilson, for $750, which was afterwards assigned by Wilson to Stephen A. Burt. Burt filed a bill of foreclosure on his mortgage, making Susan Roll, the first mortgagee, a party defendant, and setting out the mortgage to her; and process of subpoena was served upon her. A decree pro oonfesso was taken against the defendants in that suit, and a reference to a master ordered. Susan Roll’s mortgage was not put in before the master, and he reported the amount due on Burt’s mortgage.
    A sale was made by the sheriff, under the decree, and Brooks Sayre became the purchaser, at $735.
    Susan Roll afterwards filed her bill for the foreclosure of her mortgage, and Sayre put in an answer, setting u,p the said decree and the sale to him under it.
    A replication was put in, and testimony was taken, showing that Sayre knew of the mortgage to Susan Roll, before the sheriff’s sale.
    
      F. B. Chetwood, for complainant.
    
      
      L. C. Grover, for defendant.
   The Chancellor.

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 ins 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.  