A Treatise On the Law of Mortgages of Real Property in the State of New York : With References to the Decisions of the Federal Courts And of the Courts of the Various States; And An Appendix of Forms
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In our eReader you can find the full English version of the book. Read A Treatise On the Law of Mortgages of Real Property in the State of New York : With References to the Decisions of the Federal Courts And of the Courts of the Various States; And An Appendix of Forms Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Treatise On the Law of Mortgages of Real Property in the State of New York : With References to the Decisions of the Federal Courts And of the Courts of the Various States; And An Appendix of Forms
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167 which and by means of a writ of assistance possession was acquired by the purchaser. The summons had been attempted to be served by publication upon the owner of the equity of redemption, but this was unavailing, for the reason that the defendant was dead, though this fact was not known to the plaintiff. An action of ejectment was brought by the children of the owner of the equity and was resisted by the defendants, .who were grantees of the purchaser at the foreclosure sale, who claimed th...e position of mortgagees in possession. The court said : " In most of the cases which have upheld the right of the mortgagee (to retain possession) his possession was obtained with the consent, express or implied, of the owner of the land, although in some of them the mode of acquiring possession did not distinctly ap' pear, and in many the rule is stated quite broadly and with little of restriction or limitation. It is scarcely necessary to review the author- ities and consider them in detail, for none of them have ever gone so far as to hold that a possession of the mortgage, acquired either by force or fraud, against the will and consent of the rightful owner, and without even color of lawful authority as it respects such owner and amounting only to a pure trespass, was sufficient to defend an action of ejectment.
What to read after A Treatise On the Law of Mortgages of Real Property in the State of New York : With References to the Decisions of the Federal Courts And of the Courts of the Various States; And An Appendix of Forms?
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To quickly assess the difficulty of the text, read a short excerpt:
167 which and by means of a writ of assistance possession was acquired by the purchaser. The summons had been attempted to be served by publication upon the owner of the equity of redemption, but this was unavailing, for the reason that the defendant was dead, though this fact was not known to the plaintiff. An action of ejectment was brought by the children of the owner of the equity and was resisted by the defendants, .who were grantees of the purchaser at the foreclosure sale, who claimed th...e position of mortgagees in possession. The court said : " In most of the cases which have upheld the right of the mortgagee (to retain possession) his possession was obtained with the consent, express or implied, of the owner of the land, although in some of them the mode of acquiring possession did not distinctly ap' pear, and in many the rule is stated quite broadly and with little of restriction or limitation. It is scarcely necessary to review the author- ities and consider them in detail, for none of them have ever gone so far as to hold that a possession of the mortgage, acquired either by force or fraud, against the will and consent of the rightful owner, and without even color of lawful authority as it respects such owner and amounting only to a pure trespass, was sufficient to defend an action of ejectment.
What to read after A Treatise On the Law of Mortgages of Real Property in the State of New York : With References to the Decisions of the Federal Courts And of the Courts of the Various States; And An Appendix of Forms?
You can find similar books in the "Read Also" column, or choose other free books by Thomas, Abner C. (Abner Charles) to read onlineMoreLess
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