Hall v. Nelson

By the Court—Emott, Justice.

There is no doubt that the owner of the equity of redemption is a necessary party to a suit for the foreclosure of a mortgage. The mere statement of this proposition is sufficient to show its correctness without the citation of any authorities in its support. The action is brought for the express purpose of foreclosing the equitable estate and right to redeem remaining against the mortgage, and of transferring to the mortgages, or under our practice the purchaser at a sale by virtue of the decree, a complete legal title to the mortgaged premises.

*33The very object of…