A Treatise On the Law And Practice of Foreclosing Mortgages On Real Property And
A Treatise On the Law And Practice of Foreclosing Mortgages On Real Property And
Charles Hastings Wiltsie
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(N. Y. ) 259 (1832) ; People v. Alberty, 11 Wend. (N. Y. ) 160 (1834). Yet it is held that where the mortgagor is insolvent, the mort- gagee may maintain an action for an unauthorized injury to the morlgiige security. Morgan v. Gilbert, 2 Flip. C. C. 645 (1880) ; s. C. 2 Fed. Rep. 835; Willard's Eq. Jur. 371. 379. After the timber upon the mortgaged premises has been severed from the freehold, a court of equity can not restrain its removal ; John- son V. White, 11 Barb. (N. Y. ) 194 (1851) ; Va...nWyck v. Alliger, 6 Barb. (N. Y. ) 507 (1849); Watson v. McClay. 5 Johns. Ch. (N. Y. ) 169 (1821) ; Hawley v. Clowes, 2 Johns. ' Ch. (N. Y. ) 122 (1816) ; Ensign v. Colburn, 11 Paige Ch. (N. Y. ) 503 (1845) ; Winship v. Pitts, 3 Paige Ch. (N. Y. ) 259 (1832); People v. Alberty, 11 Wend. (N. Y. ) ICO (1834); 2 Story Eq. Jur. (11th ed. ) §iil016, 1017; Willard's Eq. Jur. 371, 379; but will restrain further waste, Weatherby v. Wood, 29 How. (N. Y. ) Pr. 404 (1865), and decree an accounting for the timber cut, Johnson v.
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