666 INDEX.—2 BLAND.

MORTGAGE.

1. Under & 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. Worthington
v. Lee, 642.

2. A mortgagor who has not been legally divested of his whole interest
must be made a party. Ib.

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

4. 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. Ib.

5. It is not necessary to make the personal representative of the mort-
gagor 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 repre-
sentatives parties. Ib.

See DEBTOR AND CREDITOR, 50. 80, 81, 82.
MUNICIPAL LAW.

See STATE.

PARENT AND CHILD.

See INFANT, 8, 12.

TRUSTS AND TRUSTEES, 20.
PARTITION.

See TRUSTS AND TRUSTEES, 3, 4.
PARTNERSHIP.

See DEBTOR AND CREDITOR,,28.
PLEADING.

1. A plaintiff cannot be permitted to split up and multiply his causes of
action; and therefore, if he knowingly withholds a part of his claim
until after the decree for a sale, it will be rejected; but without
prejudice. Welch v. Stewart, 32.

2. A plaintiff must state in the bill such facts as are necessary to entitle
him to relief; and also shew why he may ask that relief of a Court of
equity. Townshend v. Duncan, 40.

3. Where the case set forth in the bill is such as to entitle the plaintiff to
relief, the Court may have further inquiries made by the auditor, so
as to adapt the relief to the peculiar nature of the case. Ib.

4. Where an infant takes as devisee, it is not necessary to charge in the
bill that he received the rents and profits; because it is the duty of
his guardian to take care of his estate. Ib.

5. An answer, which purports to be the answer of several, but is not
sworn to by all of them, may be taken off the file; or considered as
the answer of him only who has sworn to it. Binney's Case, 95.

6. A defendant may sufficiently answer, by adopting the answer of his
co-defendant. Ib.

7. No one is a party to the suit against whom no process is prayed. Ib.

8. A misnomer may be waived, but if relied on, it is fatal. Ib.

9. Where the legal capacities of parties, as charged, are different; such
capacities must be considered as if they were different persons. Ib.