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A Treatise on the Law of Mortgages of Real Property, Volum 2
Leonard Augustus Jones
Uten tilgangsbegrensning - 1904
action Allen allowed amount due applied appointed assignment Asso Bank Barb barred bill claim Code Conn conveyance court of equity creditor debtor decree deed of trust default defendant enforce entitled entry equity of redemption execution fore foreclose foreclosure sale foreclosure suit gage gagor grantee held holder incumbrances interest Iowa judgment junior mortgagee Kans land liable lien Mass ment Minn mort mortgage debt mortgage note mortgaged premises mortgagee's mortgagor N. J. Eq N. Y. Supp notice owner paid Paige parcels payment person plaintiff possession power of sale prior mortgage proceedings proceeds purchase-money purchaser remedy rendered rents and profits right of redemption right to redeem rule second mortgagee sell Smith sold statute statute of limitations subsequent surplus thereof tion trust deed usury valid
Side 333 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole.
Side 277 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real estate or personal property ; which action must be in accordance with the provisions of this chapter.
Side 163 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
Side 310 - A written or printed notice thereof must be conspicuously fastened up at least forty-two days before the sale, in three public places in the town or city where the sale is to take place, and also in three public places in the town or city where the property is situated, if the sale is to take place in another town or city. 2. A copy of the notice must be published at least once in each of the six weeks immediately preceding the sale, in a newspaper published in the county...
Side 277 - In such action, the court may, by its judgment, direct a sale of the encumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale, and the amount due to the plaintiff...
Side 278 - If the debt for which the mortgage, lien; or encumbrance is held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due, for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate...
Side 474 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Side 277 - No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the time of the commencement of the action, need be made a party to such action, and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been a party to the action.