A Treatise on Power of Sale Under Mortgages of Realty: With Appendix of Statutes and FormsCarswell, 1892 - 386 страници |
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Страница 282 - In any action or other proceeding against a trustee or any person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is to recover trust property, or the proceeds thereof still retained by the trustee, or previously received by the trustee and converted to his use...
Страница 225 - Where a mortgagor is entitled to redeem, he shall, by virtue of this Act, have power to require the mortgagee, instead of re-conveying, and on the terms on which he would be bound to re-convey, to assign the mortgage debt and convey the mortgaged property to any third person, as the mortgagor directs ; and the mortgagee shall, by virtue of this Act, be bound to assign and convey accordingly.
Страница 211 - TO HAVE AND TO HOLD the said tract of land and all and singular other the premises hereby granted and released and every part and parcel thereof with their and every of their appurtenances...
Страница 224 - ... includes any person from time to time deriving title under the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest, or right, in the mortgaged property; and mortgagee includes any person from time to time deriving title under the original mortgagee; and mortgagee in possession...
Страница 224 - Incumbrance includes a mortgage in fee, or for a less estate, and a trust for securing money, and a lien, and a charge of a portion, annuity, or other capital or annual sum; and incumbrancer...
Страница 212 - ... of the amount sufficient to meet the incumbrance and any interest due thereon ; but in either case there shall also be paid into Court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses, and interest, and any other contingency, except depreciation of investments...
Страница 264 - Release of the same, unless in the meantime some Part of the Principal Money, or some Interest thereon, shall have been paid, or some Acknowledgment of the Right thereto shall have been given in Writing signed by the Person by whom the same shall be payable, or his Agent, to the Person entitled thereto, or his Agent...
Страница 252 - ... that then, and in every such case, it shall and may be lawful to and for the said...
Страница 233 - This section applies only if and as far as a contrary intention is not expressed...
Страница 224 - Conveyance, unless a contrary intention appears, includes assignment, appointment, lease, settlement, and other assurance, and covenant to surrender, made by deed, on a sale, mortgage, demise, or settlement of any property, or on any other dealing with or for any property; and convey...