680.  Inchoate  Dower.  Syllabus.  "When  a  mortgage  np^"
lands  owned  by  a  married  man  is  executed  by  him  alone,  and
afterwards  his  wife  joins  him  in  a  conveyance  of  the  land  to  a
third  person,  and  the  mortgage  is  foreclosed  against  such  third


LIENS.  429

person  without  making  the  wife  of  the  mortgagor  a  party,  the
purchaser  under  a  foreclosure  will  take  the  land  free  from  the
inchoate  dower  of  the  wife  of  the  mortagor."  Boorum  v.  Tucker,
51  E.  136  (Chan.  1893),  affirmed  52  E.  587  (Err.  &  App.  1884).
681.  Master's  Notice  of  Incumbrance.  Syllabus.  ''A  mort-
gage on  his  share  of  certain  lands  had  been  given  by  one  of  two
tenants  in  common.  Under  partition  proceedings,  and  at  the
master's  sale,  notice  of  its  existence  was  given  to  the  master  and
to  the  assembly,  whereupon  the  master  directed  the  auctioneer
to  sell  the  property  'subject  to  all  legal  and  prior  incumbrances.'
The  premises  were  brought  by  the  co-tenant,  at  their  full  value,
and  with  the  understanding,  on  her  part,  that  the  mortgage  was
to  be  paid  out  of  her  co-tenant's  share  of  *the  purchase-money. —
Held,  that  the  master's  notice  was  unnecessary,  since  the  decree
ordered  the  premises  to  be  sold,  without  mentioning  any  incum-
brances, and  the  sale  was  to  be  made  clear  of  incumbrances,  and
that  the  sale  would  be  confirmed  and  the  mortgage  paid  out  of
the  half  of  the  proceeds  representing  the  share  on  which  it  is  a
lien."     Steen  v.  Clayton,  32  E.  121  (Chan.  1880).
n


CHAPTER  LXXXIX,

PARTIES.
682-695.     Necessary  Parties.
696.     Proper  Parties.
697-698.    Not  Necessary  Parties.
699-700.     Personal  Representatives.
701-705.    Intervention.
706,  707.    Receiver.
708.  Collateral  Attack  on  Foreclosure  Proceedings.
709.  Prior  Mortgagee  Made  Party.
