The Law of Mortgages of Real And Personal Property volume 1

Cover The Law of Mortgages of Real And Personal Property volume 1
The Law of Mortgages of Real And Personal Property volume 1
Hilliard, Francis, 1806-1878
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8 Richards v. Holm^, 18 How. 143.
« Check V. Waldrum, 25 Ala. 152 CH. Vil] power op sale. 129 liquidated. The power of sale is said to apply solely to the remedy, and not to impair any riglit of the mort- gagor. ' [a) 3. On the other hand, the power of sale does not bar the mortgagee'' s right to foreclose by judicial proceedings.^ It is held that a sale may be made, pending a bill to foreclose. '^ The remedy is cumulative merely, and in no respects affects the jurisdiction or proceedings of a
...Court of Chancery. * Nor, in genera], does its validity depend on proceedings at law or a decree in equity.^ It is treated as a power of attorney.^ 4. Contrary to the general rule, however, it is sometimes held, that the power can be executed only through a Court 1 Wilson V. Troup, 2 Cow. 195. See * Walton v. Corlv, 1 Wis. 420.
Dobson V. Eacey, 3 Sandf. Ch. 60; & Wilson v. Watts, 9 Md. 356; Bennett I'. Union, &c. 5 Humph. 612 ; Crocker v. Robertson, 8 Clarke, Youncr ?'■ Roberts, 21 Eng. Law & Eq.


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