I. The plaintiffs hold and claim under the junior mortgage. They were not made parties to the foreclosure suit of the Shay or senior mortgage. It is concedеd by the defendants that their right of redemption was not bаrred by the decree and sale under the senior-mortgage. It is claimed, however, that their right to redeеm is not an absolute one, and that defendants can prevent the exercise of that right by themselves redeeming from plaintiffs. This view was adopted by the cоurt below, and it is, we think, correct. In 2d Jones on Mortgagеs, 2d Ed., section 1075, it is Sftid: “A junior incumbrancer, who, not having been made a party to a foreclosure of a prior mortgage, afterwards redeems, redeems not the-premises, strictly speaking, but the prior in-cumbrance, and he is entitled, not to a conveyance of the premises, but to an assignment of the security. Therefore, if the' prior mortgagee in such casе has become the purchaser at the forеclosure sale, and has thus acquired the equity of rеdemption of the mortgaged premises, the junior mortgagee upon redeeming is not entitled to a conveyance of the estate, but to an assignmеnt of the prior mortgage; whereupon the priоr mortgagee, as owner of the equity of redemption, may, if he
II. Tbe court fixed tbе amount wbicb tbe plaintiffs should pay to redeem аt $1,125. Of this both parties complain. The plaintiffs insist that tbe аmount is too large, and tbe defendants that it is too smаll. From a careful review of tbe whole case, we find that tbe amount wbicb plaintiffs should pay is $1,350.97, with interest frоm August 22, 1882, on all of this sum, except $334.39, at ten per cent, аpd upon $334.39 at tbe rate of six per cent. Tbe dеfendants complain of tbe amount wbicb tbe cоurt required them to pay in order to effect redemption. They insist that they should pay only tbe amount for wbicb tbe land sold. We think that the court correctly required them to pay tbe amount of tbe judgment against Burns. Tbe dеfendants will be allowed to redeem by paying into tbе bands of tbe clerk of this court, for tbe use of plaintiffs, tbe sum $1,131.10, with interest from August 22, 1882, at ten per cent, within sixty days from tbe еntering of decree in this court. If tbe defendants fail to make such redemption, tbe plaintiffs may redeеm by paying to tbe clerk for tbe use^of defendants thе sum of $1,350.97, with interest as above indicated, within ninety days from tbе rendition of decree. *
Tbe plaintiffs will pay tbe costs of appeal. With tbe modification above indicated, tbe judgment is
Affirmed.