A Treatise On the Law of Mortgages of Real Property

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Y. 9. § 1223.
'^Collins' Petition, 6 Abb. N. Cas. "Innes v. Stewart, 36 Mich. 285.
(N. Y.) 227. Such an action upon ""Duecker v. Goeres, 104 Wis. 29, a contract of guaranty, is not 80 N. W. 91; Laycook v. Parker, 103 within a statute prohibiting a per- Wis. 161, 79 N. W. 327; Stats. 1898, sonal action for a deficiency until § 2203.
after foreclosure. Adams v. Wal- lace, 119 Cal. 67, 51 Pac. 14.
CHAPTEE XXXIX STATUTORY PEOVISIONS EELATING TO POWER OF SALE MORTGAGES AND TRUST DEEDS I. Introductor
...y, § 1723 II. Statutory Provisions in the Several States, §§ 1733-1763a I. Introductory Section 1722. Necessity of powers of sale in English mortgages.
§ 1722. Necessity of powers of sale in English mortgages. — In England a mortgage is now considered incomplete without a power of sale ; and in fact since Lord Cranworth's Act,^ in 1860, and the Con- veyancing and Law of Property Act of 1881, all mortgages are in effect made power of sale mortgages, for these acts provide for a statutory power of sale in all mortgages, if and so far as a contrary intention is not expressed by the terms and provisions of the mort- gage deed.


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