Lancaster National Bank v. Whitefield Savings Bank & Trust Co.

The real inquiry is whether the defendant acquired greater security than its mortgages furnished by means of a procedure not contested by the plaintiffs.

If the conditional judgment was valid, it enlarged the security by altering it. Instead of limiting each of the three debts to the security of a separate third interest in the real estate, as provided by the mortgages, it gave each debt proportionate security of the full title. Its effect was to establish a single composite debt secured by a single composite mortgage. It merged the debts into their aggregate as a unit and consolidated the…