642 WORTHINGTON v. LEE.—2 BLAND.

WORTHINGTON v. LEE.

PARTIES TO FORECLOSURE SUIT.—DISCLAIMER.—PURCHASER OF EQUITY OF

REDEMPTION.

A disclaimer should be explicit, and can only be received from a defendant
who is subject to no liabilty.

All persons having an interest in the object of the suit should be made parties.

Under a fieri facias at law against the mortgagor, the purchaser at the sheriff's
sale of the equity of redemption for less than the mortgage debt, takes
it as incumbered with the residue thereof.

A mortgagor who has not been legally divested of his whole interest must
be made a party, (a)

A mortgagor who has an interest in stating the account, or from whom any
discovery may be drawn may be made a party.

Although this Court cannot, in a suit upon the mortgage, after a sale of the
mortgaged property, pass a decree for the payment of the balance thus
shown; yet, if the mortgagor be dead, the plaintiff may so amend his
bill as to have it treated as a creditor's suit, (b)

It is not necessary to make the personal representative of the mortgagor a
party to a bill to foreclose or sell; but upon the death of the mortgagee
it is necessary to make both his heirs and personal representatives par-
ties.

THIS bill was filed on the 17th of November, 1829, by Marcella
Worthington, administratrix of Thomas Worthington, deceased,
against Temperance Lee, Thomas Lee, Joshua Lee, John Lee,
William Lee, Caleb Lee, Jesse Lee, William Byrum and Clarissa
his wife, Independence Houck and Matilda his wife, John Wilson
and Penelope his wife, Jacob Faner and Mary his wife, Eleanor
Lee, and Ushley Lee. The bill states, that on the 19th of June,
1820, Robert Lee, being indebted unto Thomas Worthington in the
sum of £199 2s. 3 1/2d., gave his bill obligatory for the payment
thereof in twelve months thereafter with interest; and on the same
day as a further security for the payment of the debt, executed a
mortgage in fee simple, of a tract of land in Baltimore County, called
Upper Marlborough; that shortly after Thomas * Worthing-
679 ton died intestate, upon which administration of his perso-
nal estate was granted to the plaintiff, who, when the money be-
came due applied to Robert Lee for payment, who refused to pay.
Whereupon she brought suit against him; and at September Term,
1822, of Baltimore County Court, obtained judgment, upon which
a fieri facias, and venditioni exponas were issued, under which the

(a) Cited in Kunkel v. Markel, 26 Md. 407; Robertson v. Carson, 19 Wallace,
106.

(6) See Eev. Code, Art. 66, sec. 65.