Cogswell v. Stout

The Vice-Chancellor,.

This is' an application to open a final decree in order that a defendant may be let in to defend. The applicant is *241Sarah Hagaman. The equity upon which she desires tfl resist the complainant’s right to relief is, that after part of the premises covered by the mortgage in suit had been conveyed to her, the complainant, with notice of her rights, released other portions of the mortgaged premises, and thereby deprived her of her right to compel resort first, and in exoneration of the part owned by her, to the parts released, for the payment of the mortgage debt. The rule is…