A Treatise On the Law And Practice of Foreclosing Mortgages On Real Property An
A Treatise On the Law And Practice of Foreclosing Mortgages On Real Property An
Charles Hastings Wiltsie
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Gerraghty, 10 Ohio « Merchants' Ins. Co. Of the City St. 438 (1859) ; Baird v. McConkey, of New York v. Hinman, 34 Barb. 20 Wis. 297 (1866); Cary v. Wheeler, (N. Y. ) 410 (1861) ; s. C. 13 Abb. (N. 14 Wis. 281 (1861); Jessop v. City Y. ) Pr. 110. See Newcomb v. Hale, Bank of Racine. 14 Wis. 331 (1861) ; 90 N. Y. 326 (1882). Stillwell V. Kellogg, 14 Wis. 461 (1861). § 607. ] DEFIOffiNOY— ASSISNOE GUAEAHTKEINO. T27 S 607, Deficiency against assignor guaranteeing pay- ment -The assignor of abond a...nd mortgage. Wlio guarantees Teir payment. WiU be liable on sucl> guaranty for any deficiency thai may aris^ upon a foreclosure and sale. " Wh. Le a person who has guaranteed the collection of a mortgage . S a proper defendant to a foreclosure, yet the decree of sale m such a case should provide that no execution shall issue agam t h. M until an execution against the parties primarily I'^ble has been returned unsatisfied;' such a guaranty is merely a con- ditional undertaking to pay any deficiency that may ar, e on foreclosure, and not an absolute guaranty to pay the debt.
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