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" A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale. "
Cases on Mortgages (Minnesota). - Side 257
av University of Minnesota. Law School - 1921 - 337 sider
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 sider
...liable therefor. 260. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover...the real property without a foreclosure and sale. 1. This takes from the instrument its common law character, and restricts it to the purposes of security....
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Mortgages in California: A Practical Essay

James De Fremery - 1860 - 118 sider
...(sec. 260) d that " a mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover...the real property without a foreclosure and sale." § 64. The form of the mortgage deed is generally the same as that of an ordinary deed, or conveyance,...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 sider
...whatever its terms. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover...the real property without a foreclosure and sale. 1. This takes from tlio instrument its common law character, and restricts it to the purposes of security....
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Laws of the Territory of Idaho

Idaho - 1864 - 734 sider
...therefor. SEC. 270. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover...the real property without a foreclosure and sale. SEC. 271. The court may, by injunction, on good cause shown, restrain the party in possession from...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 sider
...therefor. SEC. 270. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover...the real property without a foreclosure and sale. SEC. 271. The court may, by injunction, on good cause shown, restrain the party in possession from...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 sider
...therefor. SEC. 239. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover...the real property without a foreclosure and sale. SEC. 2-10. The court may, by injunction, on good cause shown, restrain the party in possession from...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 sider
...therefor. SEC. 239. A mortgage of real property shall not be deemed a ( conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a fore- - ^. 0 • closure and sale. ^ SEC. 240. The court may, by injunction, on good cause shown, restrain...
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The Civil Practice Act of the State of California

California, Theodore Henry Hittell - 1868 - 416 sider
...260. A mortgage of real property shall not he deemed a conveyance, whatever its terms, so as to enahle the owner of the mortgage to recover possession of the real property, withont a foreclosure and sale. [16 Cal. 468; UCal. 589; 22 Cat. 255, 330 ; 23 Cal. 16; 26 Cal. 141,...
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Albany Law Journal, Volum 30

1885 - 550 sider
...received by the owner of the equity of redemption is strengthened by sec. 323, ch. 4, title 1, Gen. Laws of Oregon, 1843-1872, which declares that "a...sale according to law." This provision of the statute outs up by the roots the doctrine of Moss v. Gallbnore, ublsupra, and gives effect to the view of the...
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A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in ...

Ransom Hebbard Tyler - 1870 - 982 sider
...(Comp. Stat. ch. 64, §§ 9, 10. Gen. Laws, ch. 75, §§9, 10.) A mortgage of real property is not to be deemed a conveyance, so as to enable the owner...possession of the real property without a foreclosure. (Comp. Stat. ch. 64, § 11. Gen. Laws, ch. 75, § 11.) An action for the recovery of real property,...
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