Massachusetts Supreme Judicial Court September 15, 1865 (Butler v. Seward)

Bigelow, C. J.

The plaintiff’s claim to be let in to redeem the parcel of land included in his mortgage to Amos Pond, designated in the master’s report as the “ second lot,” cannot be supported. The difficulty is, that in redeeming the first mortgage on the lots, he does not become an equitable assignee thereof, nor is he subrogated to the rights of the first mortgagee.