Points of Chancery Practice, Which, Condensed, Formed the Subject of a Lecture, Given On March 21, 1916, At the Old Hall, Lincoln's Inn, At the Request of the Solicitors' Managing Clerks Association
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The order nisi, where possession is claimed, should contain a direction that in default of the defendant redeeming he should forthwith deliver up possession of the property (describing it sufficiently to enable a writ of possession to be issued). Where- recovery of possession alone is sought process should be by writ of summons for recovery of land ; but in a proper case (although not as a matter of course) an order for delivery of possession of the mortgaged premises by the mortgagor to the mo...rtgagee has been made, apart from any proceedings for sale. Sale and not foreclosure is the proper remedy of a pledgee of personal chattels or of a vendor in respect of his lien for xmpaid purchase money, or of a purchaser in respect of his lien for his deposit and costs or prematurely paid purchase money, or of a person having a charge simply without an agreement for a mortgage. It is no objection that the land comprised in the mortgage is out of the jurisdiction. Upon the return of the summons to proceed on the order for foreclosure or redemption, evidence is given by affidavit of the amount due to the mortgagee and 4 50 CHANCEEY PRACTICE.
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