668. Redemption in proceedings brought to impeach mortgage.

668.     Redemption in proceedings brought to impeach mortgage.

Under the old Chancery practice, a mortgagor who did not admit the mortgage, and failed in an action, containing no claim for redemption, brought to impeach the mortgage, would not be allowed in that action to redeem a mortgagee who had relied wholly on his title as mortgagee, but had to commence a new action for redemption1. He could, however, redeem in the same action if the mortgagee did not rely solely on his title as mortgagee, but claimed that he had become absolute owner2.