without thereby causing the mortgage or charge to be merged as between himself and any subsequent mortgagee of, or person having a subsequent charge upon ... entitled to foreclose or sell such property without redeeming the prior mortgage or charge, or otherwise than subject thereto
absence of a contract to the contrary, entitled to have the prior mortgage-debt satisfied out of the property or properties not mortgaged ... extend, but not so as to prejudice the rights of the prior mortgagee or of any other person who has for consideration acquired an interest
Transfer Of Property Act, 1882
78. Postponement of prior mortgagee.—
Where, through the fraud, misrepresentation or gross neglect of prior mortgagee, another person has been ... advance money on the security of the mortgaged property, the prior mortgagee shall be postponed to the subsequent mortgagee
Prohibition of tacking.—
No mortgagee paying off a prior mortgage,whether with or without notice of an intermediate mortgage, shall thereby acquire any priority
Transfer Of Property Act, 1882
79. Mortgage to secure uncertain amount when maximum is expressed.—
If a mortgage made to secure future advances, the performance ... same property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect of all advances or debits
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
Practice and Procedure-Mortgage '-Suit by first mortgagee-
Puisne mortgagee a party--Decree passed but no sale-Prior
mortgagee paid off by mortgagor-Suit ... claim of the puisne mortgagee. Essentially therefore the
rights of puisne mortgagee-defendant in a prior mortgagee's
suit are, first, the right
mortgage debt" means any liability in respect of a property due under any form of mortgage (including any usufructuary mortgage or mortgage by conditional sale ... prior mortgage deed, the consideration for which the renewed mortgage deed was executed; (iii) in the case of a mortgage deed which has been executed
second mortgage and the auction, purchaser paid off the first mortgage. In a suit brought by the second mortgagee their Lordships held that the auction ... case of a mortgagee. If a subsequent mortgagee advancing money on his mortgage for the purpose of paying off a prior mortgage comes under para
very foundation of his case that the prior mortgage is a subsisting mortgage and that the prior mortgagee's suit on foot of that ... very foundation of his case that the prior mortgage is a subsisting mortgage, and that the prior mortgagee's suit on foot of that
