A Treatise on the Law of Mortgages of Real Property, Volumen2

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Houghton, Osgood, 1879
 

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Página 358 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Página 359 - 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...
Página 298 - 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.
Página 310 - 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.
Página 310 - 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...
Página 455 - 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.
Página 412 - 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.
Página 310 - Sheriff's return that the proceeds are insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt, and it becomes a lien on the real estate of such judgment debtor, as in other cases on which execution may be issued.
Página 179 - An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained.
Página 310 - 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.

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