The bearing of these general propositions will be plain enough [3] when it is recalled that a subrogee can never, as such, acquire any other or greater rights than those possessed by the party whom he displaces. Now, what are the rights of the Townsend bank to which the appellant, McCarthy, would thus succeed? They are, says the bank, “to perfect the proceedings in the foreclosure suit, and to foreclose all rights of the mortgagors therein in and to the mortgaged premises.” But Gleason insists that this may not be done; that the judgment in the foreclosure suit being valid and final as to him, and all his interests in the property having been regularly sold to satisfy the same, the sale, so far at least, must stand; that, having paid his debt to the law, he is now an innocent party, and ought not to be harassed or endangered by further proceedings, begotten of circumstances for which he is no wise responsible — and this position seems to us impregnable. Yet, if it is, McCarthy’s *328right under subrogation would amount to nothing more than the privilege to proceed with the foreclosure as against the Hamiltons and to cause a public sale of their interest — winding up, not with what he had bought and paid for, to-wit, title to the whole of the premises, but more likely as cotenant with a stranger. Again, how is McCarthy to proceed “to foreclose all rights of the mortgagors in and to the mortgaged premises”? How is he. to bring the Hamiltons, who have never been served with summons, into court? By alias summons? It is too late. (Rev. Codes, sec. 6516.) By special summons under Code sections 7129 et seql This case cannot be brought within these provisions. By petition and notice under section 6844? So far as the Hamiltons are concerned, there is no judgment to revive. By such notice in the foreclosure suit as would be given a party thereto ? Hamilton is not a party, and no statutory provisions exist by which he can be made a party in any such fashion. Indeed, the only way apparent to us by which jurisdiction of the Hamiltons’ interest can be obtained is through another suit to foreclose the mortgage as to it, supported by service — and, needless to say, this, besides presenting its own difficulties, is not to proceed in the original suit but by independent action. Clearly, then, subrogation does not offer to McCarthy any certain remedy, if any remedy at all in the original suit.