Anyone may bring an action to redeem who has any interest of any kind in the equity of redemption (d), or who is liable for the mortgage debt and is sued on such liability; and anyone who is entitled to bring an action to redeem any part of the property subject to the mortgage is entitled to bring an action to redeem it all (e).

Thus, the mortgagor, if he still retains any interest in the equity of redemption, or the assignee of the equity of redemption, including a subsequent mortgagee (f) or a tenant of the mortgagor where the lease was made after the mortgage and is not binding on the mortgagee (g), is a proper plaintiff in an action for redemption. If the mortgagor dies entitled to the equity of redemption, the persons entitled under him may redeem (h).

(b) Mitchell-Henry v. Norwich Union Life Insurance Society, [1918] 2 K.B. 67.

(c) Cameron v. Kerr, 1878, 3 O.A.R. 30; Griffith v. Crocker, 1891, 18 O.A.R. 370.

(d) As to the general principle that a person claiming the right to redeem a mortgage must show some title to the equity of redemption and that against other persons the estate is the property of the mortgagee, see James v. Biou, 1819, 3 Swanst. 234, 18 R.C. 166.

(e) Strahan, Law of Mortgages, 2nd ed., p. 138. The following discussion of the parties to a redemption action is based on Strahan, pp. 138-142.

Assignees of the equity of redemption, including subsequent mortgagees, are entitled to redeem in the order in which they have acquired rights in the equity of redemption (i), but a subsequent mortgagee has no right to redeem a prior mortgage unless both mortgages are overdue (j). As between persons equally entitled inter se to redeem, priority is acquired by the one who first brings an action or obtains a judgment for redemption (k).

Persons having a limited interest in the equity of redemption, such as a life tenant (l), one of several tenants in common (m), a person who has entered into a binding and unconditional contract to purchase or take a lease of the equity of redemption or part of it (n), a purchaser at a sheriff's sale of a reversion of lands mortgaged for a term of years (o), or an execution creditor (p), may redeem.

(f) A subsequent mortgagee is of course an assignee of the equity of redemption. See chapter 14, Transferee of the Equity of Redemption, Sec. 131.

(g) Such a tenant is an assignee pro tanto of the equity of redemption, and is entitled to redeem unless the mortgagee will confirm his tenancy. Martin v. Miles, 1883, 5 O.R. 404; Canada Permanent Loan and Savings Co. v. Macdonnell, 1875, 22 Gr. 461; Keech v. Hall, 1778, Dougl. 21, 18 R.C. 123; Tarn v. Turner, 1888, 39 Ch.D. 456. See chapter 15, Lessee of Mortgaged Land.

(h) See chapter 17, Persons entitled on Death of the Mortgagor; cf. chapter 24, Action for Foreclosure or Sale, Sec. 234.

(t) Beevor v. Luck, 1867, L.R. 4 Eq. 537; Loveday v. Chapman, 1875, 32 L.T. 689.

(j) Parsons v. Bank of Montreal, 1868, 15 Gr. 411; Long v. Long, 1870, 17 Gr. 251. It is therefore prudent to insert in a second mortgage a provision that default under the first mortgage shall in itself constitute default under the second mortgage.

(k) Flint v. Howard, [1893] 2 Ch. 54, at p. 60.

(l) The reversioner or remainderman is not entitled to redeem during the existence of the life tenancy. Prout v. Cock, [1896] 2 Ch. 808.

Where a mortgage comprises both real and personal property and after the death of the mortgagor the equity in the real property becomes vested in one person and the equity in the personal property becomes vested in another person, either person may redeem the whole mortgage (q).

In every case in which the whole equity is not in the per-son who redeems, he takes the reconveyance of the mortgaged property subject to the rights of the other persons interested (r).

All the owners of the equity of redemption must be made parties to an action for redemption, including purchasers of parts of the mortgaged property, and any of such owners who refuse to join as plaintiffs must be made defendants (s). The reason of this rule is that the mortgagee has to account to all the owners of the equity of redemption and he is entitled to-account once for all in the presence of all interested parties (t).

(m) Faulds v. Harper, 1886, 11 Can. S.C.R. 639; cf. Smith v. Darling, 1917, 55 Can. S.C.R. 82, 36 D.L.R. 1. In these two cases several of the tenants in common other than the plaintiffs were barred by lapse of time.

(n) Tasker v. Small, 1837, 3 My. & Cr. 63; Pearce v. Morris, 1869, L.R. 5 Ch. 227; Tarn v. Turner, 1888, 39 Ch.D. 456.

(o) Waters v. Shade, 1851, 2 Gr. 457.

(p) Mildred v. Austin, 1869, L.R. 8 Eq. 220; Beckett v. Buckley, 1874, L.R. 17 Eq. 435; Cork (Earl of) v. Russell, 1871, L.R. 13 Eq. 210.

(q) Hall v. Heward, 1886, 32 Ch.D. 430.

(r) Pearce v. Morris, 1869, L.R. 5 Ch. 227; Tarn v. Turner, 1888, 39 Ch.D. 456. Under the Ontario form of discharge of mortgage, the effect would be the same. See chapter 19, Discharge or Reconveyance, Sec. 184.

(s) Bolton v. Salmon, [1891] 2 Ch. 48; Cholmondeley (Marquis) v. Clinton (Lord), 1820, 2 Jac. & W. 1, 134; Simpson v. Smyth, 1846, 1 U.C.E. & A. 9, S.C. 1 U.C.E. & A. 172, 5 Gr. 104, 7 Moo. P.C. 205.

A mortgagor who has assignd his equity of redemption absolutely (u) or who has been foreclosed, is not entitled to redeem, but his right revives if he is sued on his covenant. On payment he is entitled to a reconveyance subject to any right to redeem that may be vested in other persons (v). A surety for the mortgage debt in similar circumstances is entitled to redeem (w).