Gaines v. Walker

Suit to foreclose a mortgage. The suit is against husband and wife. Order of sale, and of execution for the overplus against the defendants.

There was a paragraph of the answer alleging that a certain judgment creditor of the mortgagor, junior’to the mortgage, was not made a party defendant. This paragraph was not replied to. The judgment creditor had only a general lien upon the equity of redemption. Whitehead v. Cummins, 2 Ind. 58. And such creditor is not regarded in the light of a purchaser for a valuable consideration (Story’s Eq. PL, § 807), and is not a necessary party to a foreclosure…