Samuel Blatchford

“ I am of opinion that she has a right to have the piece of ground, on which her mortgage is declared to be the first lien, sold separately, so that she can bid whatever sum she may see proper in satisfaction of her mortgage. If this sum should be more than would st isfy the mortgage, of course the excess would go to the satisfaction of Pepper's debt. ”

“ Lot 3 embraces not only sublot A, but the property covered by the first two deeds of trust. Shepherd, in his answer to the first bill filed by Pepper, said 'that, in his opinion, it would be impossible to make a sale and division of the said property under the said deed of trust without irreparable injury to, if not total destruction of, a large portion of the dwelling house which is erected upon the said lot ”

“ It is provided as follows by section 808 of the Revised Statutes relating to the District of Columbia: 'The proceeding to enforce any lien shall be by bill or petition in equity, and the decree, besides subjecting the thing upon which the lien has attached to the satisfaction of the plaintiff's demand against the defendant, shall adjudge that the plaintiff recover his demand against the defendant, and that he may have execution thereof as at law.' This provision was interpreted by this court in the case of Dodge v. Trust Co., 106 U.S. 445, 1 Sup. ”

“ The prayer of the bill is for the appointment of a receiver to receive the rents due and to become due for lot 3, and the improvements upon it; for the appointment of a trustee or trustees to sell the whole of such lot and improvements; that the rents and the proceeds of the sale of lot 3 be applied first to pay said indebtedness to Pepper, with all interest, costs, charges, and expenses due to him by reason of the premises ”

“ If it should sell for less, then Pepper has no interest in it, and I see no reason why she should be compelled to compete with Pepper or anybody else in purchasing the entire property, which is worth four or five times as much as her single piece is worth, in order to make that piece bring its full value on the sale. ”

“ The statute has no application, except as to the rate of interest charged on the deficiency which shall be found to exist after applying the net proceeds of sale to the debt, and the decree does not provide for interest in excess of 6 per cent. per annum on such deficiency. ”

“ At the time the loans were made by Pepper to Shepherd, Shepherd claimed to own, and agreed to give as security therefor, the land and improvements situate at the north-east corner of Connecticut avenue and K street, fronting 43 feet 9 inches on K street and 109 feet 1/2 inch on Connecticut avenue, containing 8,466.22 square feet, known as 'Lot No. 3,' in Shepherd's subdivision of lots in square No. ”

“ It is, we think, very plain that Pepper acquired no title by the deed to him under the sale by the trustees, and that the decree dismissing the bill filed by Shepherd had no effect to establish any legal title in Pepper to the real estate in question. Even if resort may not be had to the opinion of Mr. ”

“ McCarter, 94 U.S. 734, 735, 736, 740; Hill v. Bank, 97 U.S. 450, 453, 454; Woodworth v. Blair, 112 U.S. 8, 5 Sup. Ct. Rep. 6; Hefner v. Insurance Co., 123 U.S. 747, 754, 8 Sup. Ct. Rep. 337; Vanderkemp v. ”