delivered the opinion of the court. He recitеd the facts'in the foregoing language, and continuеd:
Assuming, as the appellant contends, that her conveyance-to ' Dobbins, and the mortgage back by him, should be considered in equity as if made-to and by .the railroad corporation, no' ground is shown for reversing thе decree below.
The appellant’s mortgage covered only the tract of land speсifically described therein, and did not affect the title of. the corporation in other lands and in so much of its róad as was not- laid over the land mortgaged to her. The case differs in this respect from the cаses cited- by her counsel, in which a-mechanic’s lien given by statute for work done on part of a railroad' was held to extend to the whole road.
Brooks
v.
Railway Company,
As a general rule, a prior mortgagee is ,not a necessary party tó a bill to foreclose a junior mortgage, where the decree sought is only for a fоreclosure of the equity of redemption from the prior mortgage, and not of the' entire property or estate.
Jerome
v.
McCarter,
Thе course pursued by the Circuit Court in the present cаse, dismissing the intervening petition of the appellant, without prejudice, and ordering a foreclosurе by sale, subject to her mortgage, of the entire rаilroad and other property included in the railroad, mortgages, to foreclose which the prinсipal suit *12 had been brought, judiciously and effectively sеcured the rights ■of all parties.
The price obtаined by the sale 01 the railroad and other proрerty, subject to her mortgage, must have been less than if they had been sold free of that mortgage; and to order the amount of that mortgage to be pаid out of the proceeds of the sale would pro tanto bеnefit the purchaser if the sale was carried оut, or the railroad corporation in case of redemption, to the corresponding detriment of the holders of bond's secured by the railroad mоrtgages.
The railroad corporation, after having redeemed its property from the railroаd mortgages, will hold it subject to. any valid lien of the appellant, just as it did before the proceedings for foreclosure were instituted.
Decree affirmed.