It has been recently held, that the fact of a mortgagee, with power of sale, having contracted to sell part of the mortgaged estate for a sum exceeding the amount due on the security, is no ground for restraining him from bringing an action for recovery of the mortgage debt (k).

Effect, under old law, of purchase of fee by termor; and under 1 Vict. c. 26.

Contract for sale by mortgagee under

Sower:- he may yet sue for mortgage debt.

(f) Galton v. Hancock, 2 Atk. 425; Capel v. Girdler, 9 Ves. 509.

(g) Whitchurch v. Whitchurch, 2 P. Wms. 236.

(h) Scott v. Fenhoullet, 1 Bro.

C. C. 69; 9 Ves. 509.

(i) Sug. 789.

(j) Sug. 209.

(k) Willes v. Levett, 1 De G. & S. 392.

When the assignee of a lease agreed to sell it, and it was stipulated that the purchaser should not be entitled to an assignment, and he entered and retained possession until the end of the term, the latter was held bound, in Equity, to indemnify the original lessee, although no party to the agreement, against breaches of covenant committed during such possession (l).

Where a lessor becomes the equitable assignee of an underlease, he incurs the obligation of performing the covenants therein contained; and cannot set up their nonperformance as a ground for refusing performance of a covenant in the original lease (m).

When assignees of a bankrupt contract to sell a lease, this fixes them as assignees of it, although the contract be subsequently abandoned; unless, perhaps, it be shown that it could not have been enforced (n).

A contract for sale by a single man, was, in cases subject to the old Law of Dower, sufficient to exclude the claim to dower of a wife whom he married before the conveyance (o).

Agreement for assignment of lease, and possession taken; purchaser must indemnify original lessee against breaches of covenant.

Agreement by lessor for purchase of underlease; its effect.

Agreement for sale by assignees of a bankrupt is an acceptance of a lease.

Agreement for sale excluded dower of after-taken wife.

(l) Close v. Wilberforce, 1 Beav. 112; see Moore v. Gregg, 2 Ph. 717, 725.

(m) Jenkins v. Portman, 1 Ke. 435.

(n) Hastings v. Wilson, Holt's N. P. C. 290.

(o) Lloyd v. Lloyd, 2 Con. & L. 592.