* the heir a party; because, if the mortgagor should redeemt
685 there would be no one before the Court, by whom an effec-
tual conveyance of the legal estate should be made. Powell Mortg.
970; Wood v. Williams, 4 Mad. 185; Morgan v. Davis, 2 H. & McH.
16. According to the course of the Court, under a bill to foreclose,
the mortgagor must, by the decree, be allowed time to come in
and redeem; and he can only be foreclosed, or the mortgaged pro-
perty ordered to be sold, on his failing to do so, within the speci-
fied time. If he should pay the whole mortgaged debt with inter-
est and costs as required, then, in all cases now, and according to
the express terms of the older decrees, he will be entitled to have
the legal estate re-conveyed to him. Hunter v. Gaunt, ante, 667.
But, in this case, those heirs of Thomas Worthington, deceased,
who hold that estate, and who alone could make such a re-convey,
ance; and whose rights, in that respect, ought to be bound by any
decree which may be passed for a sale in favor of purchasers and
others, have not been made parties to this suit. This case must
therefore stand over, with leave so to amend as to have them
brought in as parties.

Whereupon it is ordered, that the demurrer of the defendants
John Faner and Mary his wife, and Joshua Lee be and the same is
hereby overruled; and they are hereby required to make answer to
the said bill of complaint; and it is further ordered, that the said
defendants pay to the plaintiff the sum of £5 current money and
the costs of the demurrer to be taxed by the register; and be in
contempt until the said sum of money and costs be fully discharged
and paid.

And it is further ordered, that the demurrer of the defendants
Independence Houck and Matilda his wife, be, and the same is here-
by overruled, and they are hereby required to make answer to the
said bill of complaint; and it is further ordered, that the said
defendants pay to the plaintiff the sum of £5 current money and
the costs of the demurrer to be taxed by the register; and be in
contempt until the said sum of money and costs be fully discharged
and paid.

And it is further ordered; that this case stand over with leave
so to amend as to make the heirs of the mortgagee, Thomas Wor-
thington, plaintiffs or parties to this suit, (c)

(c) Since the passing of this order it has been declared, that where any
conveyance of any freehold estate by way of mortgage to secure the pay-
ment of any debt has been executed, and the mortgagee shail depart this
life, the receipt of his executor or administrator in full acknowledged and.
recorded in manner and time as prescribed for acknowledging and recording
conveyances of lands by way of mortgage, shall have the same effect as a
release to the grantor. 1838, ch. 181, s. 1. And moreover, that it shall not
be necessary in any cause of foreclosure or sale of mortgaged property, to
make the heirs of the mortgagee parties to the same; but that any decree-