678 WORTHINGTON v. LEE.

vouchers of their claims in the Chancery office within four months
from the day of sale.

Under this decree the trustee sold the property as directed,
which sale was finally ratified on the 15th of December, 1831.
After which, the widow was allowed one-eighth of the net pro-
ceeds of sale in lieu of her dower; and no creditor having come
in as notified, the residue of the proceeds of sale were afterwards,
on the application and with the consent of all parties, ordered to be
paid over to the intestate's surviving administrator to be by him
administered in due course. And the case was thus closed here.

WORTHINGTON v. LEE.

A disclaimer should be explicit, and can only be received from a defendant who in
subject to no liability.—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 mort-
gage 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 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.—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 parties.

THIS bill was filed on the 17th of November, 1829, by Mar-
cella Worthington, administratrix of Thomas Worthington, de-
ceased, 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,
mortgage in fee simple, of a tract of land in Baltimore
county, called Upper Marlborough; that shortly after Thomas