The Montgomery advertiser., 1901-10-10
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1feoUEEN V. wHETsroNE, ct al.

MCQUEEN V. wHErsToNE. ct al. B1Il In Equity to Heueem Lsnu Sotu .il-
 der Mortgage.-Appeal from the Chan-
 cery Court of Altaugd.
 can redeem whole property--Where tne equity of redemption 1. owned by ses- eral persons as joint tenants. or tsRants whole property and is emitted to the possession of the property and receipt of all the rent; but one of several ten ants in common can not redeem his moie- ty, only. without redeeming the whole or
 q Decree; chancellor without power at subsequent term to set aside final decree
 "A chancellor has no power to set aside nequent term, final decree rendered at former term. although matters of ae' count In the case may still be pending In the reference to the register; ..u..s .o be refunded for money paid by them as uurefies.--On bill filed to redeem land U0ld under a mortgage. which was exc cuted by the mortgagees to hold them harmless as sureties on notes given by the mortgagor to third parties. the mort Bagees can not claim anything out or the mortgaged property as against the party seeking to redeem, unless they show thaf they have been or may be damnined on account of their suretyship.
 ( Registers report; when should not be disturbed.-When the conclusions or q dispositions but also from the oral ex- aminations or pleadings before him, the same weight and effect should be given and accorded to his findings. as is given to the verdict of a jury; and if from the whole evidence 1t is matter Of reason Rble doubt whether his findings are cor rect they should not be disturbed.
 s. Bill for redemption; allowance for improvement.-In the redemption of prop erty sold under a mortgage, the mort gagee will be allowed to retain from the rents and profits the value of reasonable expenditures made for taxes and neces- Uary repairs incurred on account of the estate. but not for unreasonable irn~ proyementa t thorize Judgment against respondent for rents and profits.-On a bill nlea to re- deem land sold under mortgage, where the prayer is that the complainant may and. entitled to the possession of said lands - upon paying and discharg- 1ng any sum due under the mortgage
 ah of which she offers and sub n,its to pay 50 far as this court may de- cree and deem to be just, fair and aanit:: able; and that an account may be stated between the mortgagee and complainant cons properly chargeable herewith Ipay be charged the value of the use, occupa- tion and rent of said lands and complainant may have a decree therefor against the parties liable therefor" etc, such prayer is sufficiently comprehensive to authorize decree against the respon- dent for whatever it may be ascertained he is indebted for rents and profits to the complainant
 I. Same; computation of interest: reg ister in stating account should follow statute.-Where partial payments have been made the statute furnishes the only rule which can be recognized for the computation of interest, which is that s'the interest due is first to be paid. and the balance applied to the paymept of the principal" Code. Sec. 2629); and in stat ing an account the register should fol- low this rule.
 Reversed and remanded.
 Opinion by Haralson. J.