A Treatise on the Law of Mortgages of Real Property, Volum 2

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Usury is a defence faction
446
Usury cannot be set up as a 1513 An agreement by the parties
465
SEC
480
As a general rule the appoint tive of all parties in inter
487
Pleadings and Practice IV Setting aside and opening
503
SEC
515
A judgment directing a sale incumbrancers
523
Prior and adverse rights 1603 The matter of costs depends
539
FORECLOSURE SALES UNDER DECREE OF COURT
549
The notice of sale 1620 When the mortgagor
567
But this rule does not apply proceedings
569
If one holds two mortgages VII The Deed and passing of Title
575
Adjournment pired
582
A resale may be asked for the suit
591
In some States 1807c The mere fact that the mort
606
CHAPTER XXXVII
639
Performance is enforced by IX Setting aside of Sale
650
SEC
654
Third persons liable for the gagor
666
STATUTORY BSOVISIONS RELATING TO POWER OF SALE MORTGAGES
680
Nebraska 1763a Wyoming
718
The Form and Requisites of tempt to interfere with
721
It is not possible to say when 1776 When debt is unliquidated
724
The trustee in a deed of trust 1777b The mortgage must provide
738
The right to sell under a default
755
Clouding title 1837 Posting in public places
774
A legal interest in the realty 1287 A mortgagee who has entered
779
The mortgagees damages and only a short and incom
796
Neglect to give notice may be town or county
803
But a trustee under a deed
814
If the mortgagee may sell for in the name of the mort
822
There is no obligation to de 1896 The deed may be made to
841
Bona flde purchaser 1914 Purchase by agent without
855
Forfeiture of deposit 1668 A sale under a decree of fore
858
Covenant for further convey 1915a The fact that the auctioneer
875
Betting Aside and Waiving
881
When the owner of the equity to a sale under the power
887
The time of redemption may estopped by his own acts
1040
Redemption may be had after extinguishes the mortgage
1046

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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 334 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
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.
Side 410 - A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.

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