adjudication of the mortgage suits, the rights of mortgagees and mortgagors,
the parties to a mortgage suit, and the powers of a court adjudicating ... enforcement of the mortgage, vis-`-vis the
mortgagor and mortgagee. Even if some of the issues or questions in a
mortgage suit (as pointed
deemed— (a) to authorise any mortgagee other than a mortgagee by conditional sale or a mortgagee under an anomalous mortgage by the terms of which ... foreclosure, or an usufructuary mortgagee as such or a mortgagee by conditional sale as such to institute a suit for sale; or (b) to authorise
vital, nor as changing the essential qualities of a mortgage or a mortgage suit.
43. That brings me to the second main question, viz.: What ... suit in the nature of a suit by a purchaser for specific performance is a suit for land ... in my opinion the suit cannot
mortgagee, has no connection with the mortgage, and as his adverse claim of title cannot in any way be affected by the mortgage suit ... foreclosure action for the mortgagee, who is a trustee of his mortgage for the beneficial owners of the mortgage money, and who has become bankrupt
mortgage being a usufructuary mortgage, the decree in Original Suit No. 3 of 1889 did not provide for foreclosure of plaintiff's right ... chooses for redeeming one and the same mortgage, and the mortgagee as many suits as he chooses for foreclosure or sale; for the right
second mortgagee. By the general law a second mortgagee is entitled to redeem the first mortgagee. The first mortgagee before selling the property ought ... mortgage debt. Similarly the second mortgagee in suing on his mortgage might have impleaded the first mortgagee either offering to redeem the mortgage, or asking
nature of a suit of this description. The suit is in reality, in our opinion, a suit between the mortgagor and mortgagee for an adjustment ... second suit cannot change the matter. It is in substance a suit for the redemption of the same mortgage with this difference that the period
Suit by first mortgagee-
Puisne mortgagee a party--Decree passed but no sale-Prior
mortgagee paid off by mortgagor-Suit by puisne mortgagee ... claim of the puisne mortgagee. Essentially therefore the
rights of puisne mortgagee-defendant in a prior mortgagee's
suit are, first, the right
mortgage.
Explanation: A poison mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party to the suit and a prior ... plaintiff mortgagee sued to recover the mortgage debt by sale of the mortgage property. The original mortgagor died before the suit. Only his widow
case that the prior mortgage is a subsisting mortgage and that the prior mortgagee's suit on foot of that mortgage, 'the decree ... mortgagee
made it the very foundation of his case that the prior mortgage is a subsisting mortgage, and that the prior mortgagee's suit
