The Law of Mortgage And Other Securities Upon Property volume 2

Cover The Law of Mortgage And Other Securities Upon Property volume 2
The Law of Mortgage And Other Securities Upon Property volume 2
William Richard Fisher
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So, if the loss of the property, to Avhich the surety may look for indemnity, arise from any dealing between the creditor and the debtor, as where the latter surrendered to the creditor the lease, for the performance in the covenants in Avhich the surety had given security (u) ; or if, instead of proving, as he ought to do, under the bank- ruptcy of the debtor, the mortgagee, without notice to the surety, release the assignees and the bankrupt's estate in con- sideration of a conveyance of the ...equity of redemption (x). Nor can the creditor, as against the surety, apply the security in payment of any other debt than that for which the surety was liable. Hence, where a debt due from a tenant to a land- lord was secured by a mortgage of furniture, and by a surety, and the landlord afterwards seized the same furniture for rent, it was held that the proceeds must first be applied in discharge of the mortgage debt ( y).
1465. But the creditor is under no obligation not to as- sign the securities or the debt.


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