1. Any court may compel money raised by its process to be brought into court for distribution, and from an order made for that purpose no one suffers an appealable grievance. The money will be disbursed according to the order of priority ascertained by the final decree, and there must be notice to the interested parties.
2. No change in the mode of appropriating the fund raised by foreclosure sale will be made except there be an opening and correcting of the decree and an altering of the execution; and this can only be done upon notice.
3. A purchaser of property at a foreclosure sale gets the legal title to such property free of encumbrances imposed upon it subsequent to the mortgage foreclosed, provided that the holders of such encumbrances are made parties to the foreclosure.
4. Such a purchaser is entitled to receive from the funds in court, all surplus beyond the amount necessary to pay the encumbrances prior to the mortgage under which he first obtained title.
PER CURIAM.
The order appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Ingersoll.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DALY, DONGES, VAN BUSKIRK, KAYS, DEAR, WELLS, JJ. 13.
For reversal — None.