
    Graham’s Executors v. Carter.
    March Term, 1807.
    riortgages — Foreclosure—Parties.—In a bill to foreclose a mortgage, the devisees of the land mortgaged ought to be parties, and not the executors of the mortgagee.
    On an appeal from the decree of the county court of Prince William.
    On the 9th of June, 1791, Richard Graham, the testator of the appellants, mortgaged certain lands to the appellee, to secure the payment of a debt, and after-wards devised the same to his wife, for life, remainder to his three sons; appointing them and Richard Brent, his executors, of whom two of his sons qualified. *Against them, as executors, the appellee brought his suit to foreclose the equity of redemption in the mortgaged lands, without making the widow and the other son, parties.
    The bill was taken as confessed, and the matters thereof decreed; from which an appeal was allowed to this court, upon the petition of one of the appellants.
   PER CURIAM.

The proper parties were not before the court below. —The suit should have been against the devisees of the land mortgaged, and not the executors; and not having been so, the decree is erroneous, and must, for that, be reversed with costs; and the cause remanded to the court below, to be again proceeded in, after making the proper parties. 
      
      ■ (a) Powell on Mortgages, p. 436 of the 1st edition, and 1048 of the 4th edition. Duncomb v. Hansley, 3 Peere Williams, p. 333, in notes.
     