Trust in Mortgaged Property—Foreclosure op Mortgage—Bight to Bestoration op Trust.—Where real estate encumbered by mortgage is conveyed to a trustee to sell and apply the proceeds, first to the payment of the mortgage debt and expenses of the sale, and

* then to apportion the residue among three different creditors of the mortgagor whose claims are separate and independent of each other, and the mortgage is thereafter foreclosed, and the certificate of sale is acquired by the assignee of two of the three beneficiaries of the trust, the remaining beneficiary is not entitled to have the trust restored after the expiration of the time of redemption, by offering to pay the full redemption price, together with the amount due the other beneficiaries, since there is no privity or community of interest between such beneficiaries.

Td.—Termination op Trust by Foreclosure Sale.—The trust in such case, and the rights of the beneficiaries thereunder, necessarily terminated upon the foreclosure sale.

Td.—Redemption by Beneficiaries—Statutory not Equitable Right. The right of redemption open, to such beneficiaries was not an equitable right which they might exercise at their pleasure years after the sale, but the statutory right declared in section 702 of the Code of Civil Procedure.

Id.—Foreclosure — Effect in Divesting Rights of Defendants— Right of Redemption.—The effect of the foreclosure sale in such case is of itself to extinguish the right and claim of all the defendants in the action acquired subsequent to the date of the mortgage, and to vest in the purchaser the title of the mortgagor at the date of the mortgage, discharged of all such right and claim. It is only when the judgment debtor redeems that the effect of the sale is terminated and he is restored to his estate. In other cases where one exercises the right of redemption when he is under no legal obligation so to do, as a junior lien claimant or a judgment creditor, his action is not in strictness a redemption but a purchase of the right and title acquired under the sale.

Tenancy in Common—Right of Cotenant to Purchase at Judicial Sale.—Unless some fraud can be shown to have been perpetrated, or some superior knowledge taken advantage of, a cotenant may purchase at an execution or a judicial sale the moiety of any of his companions in interest, and retain and assert the title thereby acquired as fully as though he were a stranger to the judgment defendant.

Id.—Contribution by Cotenant—Exercise of Right Promptly.—An offer of contribution by a tenant in common to reimburse his cotenant who has purchased an outstanding title to the common property, must be made promptly; an offer made years after the acquisition of the title, and after the land has doubled or trebled in value, does not appeal to equity.