 | 1887 - 384 sider
...mortgaged is her separate property, or is the homestead. Mortgages are not conveyances, whatever their terms, so as to enable the owner of the mortgage to...the real property without a foreclosure and sale. Mortgages are discharged by a satisfaction piece, duly proved, acknowledged, and recorded; or by entry... | |
 | Ransom Hebbard Tyler - 1876 - 992 sider
...10. Gen. Laws, ch. 75, §§9, 10.) A mortgage of real property is not to be deemed a conveyance, eo as to enable the owner of the mortgage to recover...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,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876 - 480 sider
...602.) Section 323 of the Civil Code, which provides that a mortgage shall not be deemed a conveyance, so as to enable the owner of the mortgage to recover possession, does not change the rights of parties where the mortgagor assents to the mortgagee's taking possession.... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1901 - 630 sider
...docketed at any time." Sec. 3517, RS 1898, after the title "Actions to Quiet Title," reads as follows: "A mortgage of real property shall not be deemed a...the real property without a foreclosure and sale." These provisions of the statute render it clear that under the pleading the court had no authority... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1905 - 618 sider
...Mortgages, sec 255. Messrs. Rogers & Street for respondents. Section 3517, Revised Statutes 1898, provides: "A mortgage of real property shall not be deemed a...the real property without a foreclosure and sale." Smyth v. Reed. Section 3948, Rev. Stat. 1898, in substance provides that there can be but one action... | |
 | Nevada. Supreme Court - 1877 - 1026 sider
...judgments against the property of the judgment debtor, to collect such balance or deficiency. "SEC. 260. A mortgage of real property shall not be deemed a...conveyance, whatever its terms, so as to enable the owner cf the mortgage to recover possession of the real property, without a foreclosure and sale." The ouly... | |
 | Montana (Ter.) - 1877 - 956 sider
...therefor. SEC. 359. A mortgage of real property shall not lie defined a conveyance, whatever its term, so as to enable the owner of the mortgage to recover possession of the M! property without foreclosure and sale. SEC. 360. The court may, by injunction, on good <aii»c shown,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 636 sider
...provides that there can be but one action to recover a debt secured by mortgage. Section 3517 enacts that a mortgage of real property shall not be deemed a conveyance, so as to enable the owner of the mortgage to recover possession of real property without a foreclosure... | |
 | Jabez Franklin Cowdery - 1878 - 842 sider
...paid, there being a rebate of interest where such rebate is proper. Mortgage not a Conveyance. — A mortgage of real property shall not be deemed a...the real property without a foreclosure and sale.* MORTGAGES, OREGON. Mortgage of Personal Property. — The provisions of the laws of Oregon -on the... | |
 | Morris March Estee - 1878 - 648 sider
...a party to the foreclosure suit: llaffleyv. Maier, 13 Cal. 13. 32. Mortgage not a Conveyance. —It shall not be deemed a conveyance, whatever its terms,...the real property, without a foreclosure and sale: Ca!. I'r. Act, sec. 200; Code CP, sec. 744. Restricting the mortgage to the mere purposes of security:... | |
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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. 
