Uptown Bldg., C., Newark v. Leff

The bill is to recover from a mortgagor and two successive grantees who assumed the mortgage debt, the deficiency on the mortgagor's bonds after sale in foreclosure of the mortgaged premises. The bondsman-mortgagor objects, that as against him the complainant has an adequate remedy at law, wherefore equity is without jurisdiction.

If the suit were solely against the bondsman, the remedy would be at law. Princeton Savings Bank v. Martin, 54 N.J. Eq. 435. But the bill also seeks his securities, his indemnity, the promise of his grantee and of the latter's grantee to pay the mortgage debt, and…