creditors within specified periods
and for the execution of a second mortgage in favour of the
Schedule B creditors; or alternatively for the execution ... mortgage being damaged
or impaired or the first mortgagees enforcing their security
or the company being wound up, the entire debt due under the
second
subsequent mortgage of the same property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect ... gives notice to B & Co. of the second mortgage. At the date of the second mortgage, the balance due to B & Co. does
mortgage, sued the mortgagor alone and obtained a decree on his mortgage. The 2nd mortgagees afterwards obtained a decree for sale on their second mortgage ... ought not to be allowed to bring a second suit for sale against the second mortgagee with or without the addition as party
Similarly the second mortgagee in suing on his mortgage might have impleaded the first mortgagee either offering to redeem the mortgage, or asking ... second mortgage of 8th July, 1865, with possession. In the suit by the first mortgagee on his mortgage the second mortgagee was not a party
properties to Behari in 1913. The prior mortgagee sued on his mortgage and, without impleading the second mortgagee, obtained a decree for sale ... that the prior mortgage is a subsisting mortgage, and that the prior mortgagee's suit on foot of that mortgage, the decree passed therein
mortgage deed and the decree only effectuates that possession. The mortgagee is to enter as mortgagee under the covenant for possession; the mortgage deed ... mortgage and over 12 years after the rajinama decree the mortgagee treated the first mortgage as subsisting and got a decree on the second mortgage
money to partially discharge a prior mortgage cannot claim Subrogation where the prior mortgagee had not released his mortgage rights over the property so purchased ... purchase was free of the fourth mortgage as that mortgage was a transfer pendente lite. His second contention is that Revanur Subramaniya Aiyar
mortgage of that estate attended with rights in the mortgagee, similar to those of the first mortgagee. A fortiori where both mortgagee and mortgagor have ... mortgagee as such may have at the date of his mortgage whether to possession (if his mortgage be one with possession and the previous mortgage
mortgage of that estate attended with rights in the mortgagee similar to those of the first mortgagee. A fortiori where both mortgagee and mortgagor have ... mortgagee as such may have at the date of his mortgage, whether to possession (if his mortgage be one with possession and the previous mortgage
mortgage, is still entitled to redeem the first mortgage so as to entitle him to possession on redeeming the prior mortgage.
6. The second question ... mortgage, but before the sale actually took place the puisne mortgagee sued for sale on his mortgage and contended that the prior mortgagee, by omitting
