Let Mr. Spiller be at liberty to file a bill, stating his interest, and praying the decree may be so varied as to let him in to pay the money. It would be unjust. to foreclose the equity of redemption, and bar his title to his moiety, which he acquired fairly, without put* ting it in his power to prevent the foreclosure by paying the money.
Anonymous, 2 N.C. 555, 1 Hayw. 555 (1797)
April 1797
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North Carolina Superior Court
2 N.C. 555, 1 Hayw. 555
Anonymous.
This was a bill to foreclose a mortgage. Cochran was mortgagor — he sold one. moiety of the premises to Huitt, and his partner, in fee — their title came by a Sheriff’s sale to Spiller. The mortgagee had a decree of foreclosure, unless before a certain day the money was paid.— That day was past, but no absolute decree of foreclosure yet entered. Spiller moved to be made a party, and to have the decree so altered, that he might be at liberty to pay the money for saving his equity of redemption.