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" Where a power to sell real property is given to a mortgagee, or to the grantee in any other conveyance intended to secure the payment of money, the power is deemed a part of the security, and vests in, and may be executed by any person who, by assignment... "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Side 364
av Alabama. Supreme Court - 1899
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Commentaries on American Law, Volum 4

James Kent - 1830 - 556 sider
...coupled with an interest, and are irrevocable, and are deemed part of the mortgage security, and vest in any person who, by assignment or otherwise, becomes entitled to the money secured to be paid.c But the power is not divisible, and an assignment by the mortgagee of a part of...
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Commentaries on American Law, Volum 4

James Kent - 1848 - 798 sider
...coupled with an interest, and are irrevocable, and arc deemed part of the mortgage security, and vest in any person, who, by assignment or otherwise, becomes entitled to the money secured to be paid.*1 But the power is not divisible, and an assignment by the mortgagee of a part...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volum 2

Asa Kinne - 1852 - 736 sider
...with on interest, and is irrevocable, and is deemed part of the mortgage or security, and vests in any person who by assignment or otherwise becomes entitled to the money secured to be paid — 4 Kent's Com., 147. Bergen v. Bennet, 1 Caines1 Cases in Err., 1. Wilson v....
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Commentaries on American Law, Volum 4

James Kent - 1858 - 778 sider
...coupled with an interest, and are irrevocable, and are deemed part of the mortgage security, and vest in any person, who, by assignment or otherwise, becomes entitled to the money secured to be paid. (/) But the power is not divisible, and an assignment by (a) Roberts v. Bozon,...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - 1861 - 718 sider
...secure the payment of money, is deemed a part of the security, and vests in, and may be executed by any person who, by assignment or otherwise, becomes entitled to the money so secured to be paid. (1 RS 737, § 133.) A mortgage may be made either of an estate in fee or for...
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 550 sider
...payment of money, the power is to be deemed a part of the security, and vests in and may be executed by any person, who by assignment or otherwise, becomes entitled to the money so secured to be paid. § 299. The provisions of this title do not extend to a Application simple power...
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The Most Material Parts of Kent's Commentaries Reduced to Questions and ...

John C. Devereux - 1868 - 444 sider
...coupled witb an interest ; is irrevocable and deemed part of the mortgage security ; and it vests in any person who, by assignment or otherwise, becomes entitled to the money secured to be paid. And a power to mortgage includes in it a power to execute a mortgage, with a power...
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Revised Laws of the State of California: In Four Codes : Political ..., Volum 2

California, California. Commission to Revise the Laws of California - 1871 - 894 sider
...payment of money, the power iff to be deemed a part of the security, and vests in and may be executed by any person who, by assignment or otherwise, becomes entitled to the money so secured to be paid; but such power is subject to the provisions of Chap. , CODE OF CIVIL PROCEDURE....
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A Treatise on the American Law of Real Property, Volum 2

Emory Washburn - 1876 - 768 sider
...an interest, it is necessarily irrevocable. It becomes a part of the mortgage security, and vests in any person who, by assignment or otherwise, becomes entitled to the money secured to be paid." " The sale that is made in pursuance of it is virtually a foreclosure of the mortgagor's...
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An Act Relating to Property, and Other Matters Connected with Private Rights ...

New York (State). Legislature. Senate. Special Committee on the Revision of the Statutes - 1879 - 472 sider
...of money, the power is deemed a 8aee ' part of the security, and vests in, and may be executed by, any person, who, by assignment or otherwise, becomes entitled to the money so secured to be paid. [Id., § 133; substituting the italicized words, " mortgagee ", etc., for ''the...
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