Rosenwasser v. Weiss ( 1938 )

We are in accord with the conclusion of the learned vice-chancellor that the bill of complaint should be dismissed. It suffices to say that appellant, even though a mere surety, is not at liberty to compel the mortgagee to take title to the property and give him credit for the fair value thereof.

The decree is accordingly affirmed.

For affirmance — PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 12.

For reversal — None.