Lamb v. Montague

The plaintiffs Lamb and his wife have a homestead, and the wife in addition has an inchoate right of dower in real estate subject to a mortgage given by them, of which the defendant Montague has become the assignee. They offer to pay the whole amount due, and ask that the mortgage may be assigned to them so as to continue security for the amount paid.

The bill was brought originally against Montague and against Smith, then and now owner of the equity of redemption in the mortgaged premises, by purchase from Lamb’s assignee in bankruptcy, subject to these rights of dower and homestead. It…