Dick v. Livingston

The owner of a junior mortgage, not made a party to the foreclosure of two prior mortgages, brings this suit against the defendant, who is the owner of one piece of property covered by the three mortgages, which title of the defendant is through the sale under the prior mortgages, to redeem the one parcel. To this complaint there is a demurrer which is well taken for two reasons.

*11First. There is no general rule of law or equity which permits the owner of a junior mortgage to single out one of several parcels covered by his and an older mortgage and redeem that one parcel. His only right .is to…