A Treatise on the Law and Practice of Mortgage Foreclosure on Real Property: And of Remedies Collateral Thereto, with Forms, Together with Essentials of the Law of Mortgages Including Redemption, Volume 1

Charles Hastings Wiltsie

Williamson Law Book Company, 1927 - Foreclosure - 1916 pages

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Title Page

Table of Contents

Index

What constitutes a mortgage	1

Estoppel to claim redemption 1358	2

Mortgage distinguished from mechanics lien	3

Absolute deed as mortgage	5

Same The intention of the parties is the test Proof of sur rounding circumstances	7

Same Existence of indebtedness	8

Same Adequacy of Consideration to be considered	9

Same Where there is express agreement for reconveyance	11

Assignee of subsequent mortgage judgment or other lien	524

Wife 1443	528

General guardian of infant and committee of lunatic idiot	532

defendant	538

Wife joining in mortgage 1444	543

Foreclosure by holder of note Independent mortgagee neces	544

closure	552

CHAPTER XLV	561

Same Admissibility of parol evidence	13

Same Presumption and burden of proof Weight of evidence	15

Same Right and necessity of foreclosure	17

Same Effect of conveyance by grantee	18

Equitable mortgages in general	20

Same Agreement to give a mortgage 21 22	21

Same Oral agreement	22

Same Instrument in defective form	23

Same Deposit of title deeds	25

Same Assignment of land contract or bond 21 Same Equitable mortgage to repay purchase money	26

CHAPTER II	28

History	29

Methods of foreclosure	31

Concurrent remedies	33

PAGE	34

Action on debt	35

Election of remedies	36

Same	37

Commencement of foreclosure prevents action at law on bond	38

Action at law on bond by consent of court	40

Foreclosure by entry and possession	41

Strict foreclosure	42

Statutory foreclosure	43

Same Right to maintain action	44

Same	45

Same	46

Foreclosure action as equitable in nature	47

Compelling foreclosure	48

RIGHT TO FORECLOSE AND DEFENSES GENERALLY MATURITY OF INDEBTEDNESS WAIVER RESTRAINING FORECLOSURE PAGE S...	50

WHO ENTITLED TO REDEEM FROM WHOM REDEMPTION MAY BE MADE PAGE	51

POWERS OF SALE AND EXECUTION THEREOF FORECLOSURE BY ADVERTISEMENT	52

Same	53

What claims cannot be foreclosed	54

Necessity of maturity of debt	57

Time of payment and conditions precedent Previous demand	58

Definition of mortgage	59

Same Statutory provision	60

Same Where the time of payment is not specified	61

Same Parol agreement as to time of payment	62

Same Extension of time of payment 62 S 50 Note payable on demand 6865	65

Stipulation for delay and forfeiture Six months clause	66

Nonpayment of installment of principal or interest No acceleration clause 67 5223	67

The same	70

The same	72

Failure to pay interest	73

Nonpayment of installments of interest or principal accelerat ing maturity 76 199	76

Same Nonpayment of interest	79

Same Effect of payment of part of interest	81

Same Mortgage security several notes	84

Same	86

Acceleration Effect of payment after suit	87

Same Setoff not a payment	89

Failure to pay taxes	93

Definition of redemption 1318	94

The same Waiver or loss of right to foreclosure	96

Failure to pay insurance	97

Election of mortgage that debt become due	98

Demand and notice of election	99

Power of court to relieve from forfeiture	102

Who may exercise option to declare the debt due	105

Breach of conditions or duties other than failure to pay	106

Same Failure to repair premises	108

Same Failure to insure premises	109

CHAPTER IV	112

ment	115

Presumption arising from mortgagors possession	117

Adverse possession by mortgagor	120

Reciprocal with right to foreclose 1322	125

following cases which give somewhat	127

CHAPTER V	134

Same By mortgagor or mortgagee in possession 1495	136

Mortgage given for support	146

CHAPTER LIV	148

CHAPTER XV	150

Tenant by the curtesy 1438	160

CHAPTER VII	162

mortgage	168

False representations as to extent and boundaries of land	169

Defense of false representations by married woman	170

Mutual mistake of parties as a defense	171

Remedies for correcting a mistake	172

Mutual mistake as to title	173

Mutual mistake as to quantity of land	175

Defense of undue influence	176

Duress as a defense	177

Same	178

Same Mortgage executed by married woman under duress	179

Same Instances	180

Ratification of mortgage induced by duress or fraud	182

CHAPTER VIII	183

Same	185

Who may release or accept payment After assignment	187

Same Payment to agent 189	191

What amounts to a payment	192

Payment of condemnation money to mortgagor instead of to mortgagee	194

Payment by deposit of collateral security or assumption of prior mortgage	195

Attorneys fees and taxes to be paid as part of mortgage debt	196

Keeping lien alive after payment	199

Tender as defense	200

Payments Pleading	201

Same Release of mortgagor from personal liability	203

Same Miscellaneous instances	204

Partial releases Effect when made after partial conveyance	206

Provision in mortgage for partial release Enforcement and application of proceeds	207

CHAPTER IX	210

What law governs	212

Who may avail themselves of the defense of usury	213

Same Mortgagors grantee	215

Same Corporation	217

CHAPTER X	219

Claim of paramount title cannot be pleaded in answer	221

Defective title of mortgagor cannot be set up in defense	222

Allegation of outstanding title or incumbrance Purchase money mortgage	223

Same 225	226

Same Eviction as a defense	227

Answers by prior lien holders as defendants	229

Effect of making owner of paramount title a defendant or of litigating the question of a paramount title	230

Paramount title by widows right of dower	232

Demand in answer for sale in inverse order of alienation	233

CHAPTER XI	236

the same debt	238

Where mortgagee has other security	239

Where mortgagee has lien on personal property sufficient to pay debt	241

Death of mortgagor Presentation of claim	242

Possession by mortgagee	243

Power of sale in mortgage	244

Pendency of action at law on note or bond	245

Same Attachment returned Exhausting legal remedy	246

Recovery of judgment on note or bond	247

Waiver or estoppel	249

Condition precedent as a defense	250

Inequity or oppression	251

Breach of independent or collateral covenant as a defense	252

Extension of time of payment as a defense	253

Same Extension of time by parol	255

Same Consideration for extension of time 256	258

Same Stipulation against forfeiture	259

Execution of mortgage Attestation Acknowledgment	261

Delivery of mortgage	262

Married woman Validity of mortgage by	263

Same Personal liability of married woman signing note or obligation to pay debt	265

Infancy	267

Same Purchasemoney mortgage	270

Insanity or other incompetence of mortgagor	271

Intoxication	272

Alteration of instrument	274

CHAPTER XII	277

Same After acquired title 1008	278

Other matters as defense in estoppel Agreement to release lots	281

Estoppel as to miscellaneous matters	282

Estoppel by married women	283

Estoppel by mortgagee	284

Same Estoppel by assenting to or encouraging a sale	285

Same Estoppel by silence at a sale	287

CHAPTER XIII	289

Transfer of mortgage without assignment of the debt	291

Defenses by assignee Validity of assignment	292

Same Defenses between the original parties	294

Same	297

Same Defenses against voluntary assignee in bankruptcy	298

Same Defenses by assignee of negotiable note secured by mortgage Majority rule	299

Same Minority rule	301

Same Assignee purchasing after maturity or in bad faith	303

Secret equities and equities in favor of third persons	304

Right of assignee succeeding to title or voidable assignee	305

Estoppel to defend against assignee	306

CHAPTER XIV	309

Same What are deemed fixtures	310

Gas fixtures burners brackets and chandeliers	313

Fixtures where land leased for a term of years	314

Removed fixtures Or timber	316

Same From leasehold Following property	318

SUBSEQUENT PERSONAL LIABILITY FOR MORTGAGE DEBT ASSUMPTION OF MORTGAGES PAGE SECTION 233 Introductory	320

Right of married women to incur subsequent liability	321

Liability of purchaser of the premises Where there is no express assumption of the indebtedness	323

Same Rule in New Jersey fixing liability of purchaser subject to mortgage	324

Same How agreement to assume indebtedness may arise	325

Same Mortgage forming part of purchase price	326

Same Express assumption clause in deed	327

Same Fraud or mistake	329

Same Consideration for agreement to assume indebtedness	332

Same Defective title as defense to contract of assumption	333

Same Relation of principal and surety between parties	334

Same Liability of mortgagor or grantor Release from liability	335

Same Liability of the grantee	339

Same Liability of remote vendee	340

Same Right of grantee to dispute mortgage	341

Same Same Where grantee not liable for debt	345

Same Liability of grantee at law or in equity to the mort gagee	347

Same Theories of law upon which a mortgagee is allowed the benefit of the contract of assumption	349

Same Defenses by grantee	350

Same Release of grantee by the grantor	351

Same Rule in New Jersey 353	354

Assumption of mortgage by subsequent mortgagee does not make him personally liable to prior mortgagee	355

New York cases reviewed	356

Assignor of a mortgage guaranteeing payment or collection	357

All persons guaranteeing payment or collection of a bond and mortgage by a separate instrument liable	358

CHAPTER XVI	359

Same Setting sale aside	361

Same Rule governing courts	363

Merger by conveyance to mortgagee	365

Same Where there are other lienors	368

Merger by assignment of mortgage to mortgagor	369

CHAPTER XVII	372

Where there are duplicate notes or bonds	373

Where there are several notes or bonds	374

Same From another creditor 1406	375

Purchasemoney mortgage	376

Mortgage securing future advances or liabilities	377

Equitable mortgage or defective mortgage	379

Priority over grants contracts of sale and leases	380

Priorities between mortgages	382

Priorities between subsequent mortgagees in surplus pro ceeds Equities	383

Priorities against and between assignees of mortgages	385

Priority over judgments	386

Same Unrecorded mortgage	387

Same Rights of junior mortgagees and junior judgment creditors in surplus proceeds	388

Priority over mechanics or materialmans lien	389

Priority as against chattel mortgagee or conditional vendee	391

Priority over attachment	394

Burden of proof in showing priorities	395

CHAPTER XVIII	396

Parties generally in equitable foreclosures	397

Parties plaintiff generally	398

Mortgagee may foreclose	400

A married woman owning a mortgage may foreclose	401

Mortgagees owning contemporaneous mortgages being equal liens any one or more may foreclose	402

Joint mortgagees Any one or more may foreclose	403

Same Rule Joint mortgagees in representative capacity	404

Joint mortgagees one dying Doctrine of survivorship	405

When personal representatives of deceased joint mortgagee necessary parties	406

Assignor of mortgage cannot foreclose	407

Form of assignment to enable assignee to foreclose	409

When assignor and assignee should or should not both be parties	411

Assignee of a mortgage without the bond cannot foreclose	412

Assignee of the note bond or debt may foreclose though the mortgage is not assigned	414

Assignee in bankruptcy or by general assignment or receiver of a corporation may foreclose	416

Assignee pendente lite may continue a foreclosure	417

Special cases of equitable assignment Purchaser on defective	422

Vendor under land contract dying Personal representatives	430

Grantor of lands mortgaged to secure debt of another 1408	435

CHAPTER XIX	437

Same Judgment by confession as an indemnity 1272	440

Complaint in Action for Strict Foreclosure 1605	447

Tenant for years 1439	455

Persons in interest not made parties 1426	463

Tenant in common 1440	464

Same Purchaser and his successors at void or avoided sale as assignees of mortgagee 1022	469

Same At execution sale 1432	476

FORECLOSURE BY ADVERTISEMENT	478

Notice of Sale on Foreclosure by Advertisement 1610	487

Same Community property 1023	489

Same Vendee 1277	490

Cestui que trust and beneficiaries When necessary	496

Tenant in tail 1441	501

Same Mortgaged succession 1024	507

CHAPTER XXI	508

Sureties may redeem 1437	512

Subsequent judgment creditors still owning judgments neces	518

Persons originally liable deceased their estates liable Per sonal representatives proper parties	565

Persons originally liable deceased their heirs and devisees not proper parties	569

Remedies against heirs and devisees	570

Person originally liable making an assignment in bankruptcy or voluntarily assignee proper	571

Parties subsequently liable	572

CHAPTER XXV	574

Same Florida	576

Same Missouri	577

Where land lies entirely out of state	578

Jurisdiction of Federal courts	579

Same Effect of bankruptcy	580

CHAPTER XXVI	582

Action brought in improper county	584

CHAPTER XXVII	586

Commonlaw doctrine of lis pendens	588

Definition and Bacons ordinances	589

History of the doctrine in New York	590

Rule in Florida	592

445 Nature and functions of a lis pendens	593

When lis pendens becomes operative	595

Duration and extent of a lis pendens	596

Contents of notice of lis pendens	597

Description of premises	599

Who may file notice of lis pendens	600

Recording and indexing lis pendens	602

Effect of notice of lis pendens	603

Who bound as subsequent purchasers or incumbrancers	605

Effect of lis pendens on holders of unrecorded conveyances	606

Effect on parties omitted or defective lis pendens	607

Effect of omission to file notice of lis pendens	608

Effect of the amendment of the complaint or bill	609

Dormant lis pendens	610

Cancelling notice of lis pendens	611

CHAPTER XXVIII	613

Same In New York	614

Same In Georgia	615

Failure to appoint guardian ad litem	616

Service of summons or process by publication	619

Requisite of affidavit to secure order for service of summons by publication	620

Same Notice to defendants Proof of publication	621

Insufficiency of service of process on another defendant	622

Appearance by attorney without authority	623

CHAPTER XXIX	624

Complaint under New York practice	626

Allegation as to claim	627

Allegation of execution and delivery of mortgage	628

Description of note or bond	629

Allegation as to title and ownership of mortgage	630

Allegation as to assignment of mortgage	632

Allegation where mortgage collaterally assigned	634

Allegation as to breach of contract and right of action	635

Allegation where money due on demand	638

Allegations as to proceedings at law Rules in New York Wisconsin and Nebraska	639

Allegation as to recording mortgage and subsequent deeds	641

Allegation as to property mortgaged	642

Referring to mortgage or other instruments for description	643

Defective description	645

The same	647

Default in answering by prior incumbrancer	648

Allegation to bar dower	649

Allegation by or against administrator executor or trustee	651

Allegation where there are infant defendants	652

498 Allegation on mortgage securing several notes	653

Allegation in foreclosure of indemnity mortgage	655

Joinder of actions Foreclosure of several mortgages or liens in the same action	656

Same Owner of two mortgages cannot foreclose both at same time in separate actions	657

The same Mortgages on different pieces of property	658

CHAPTER XXX	661

Who may answer Creditor of mortgagor	662

Same Subsequent judgment creditors	663

Same Claimants of interest in equity of redemption may answer	664

Allegation of counterclaim or setoff	666

Same	668

Same Counterclaim on contract	669

Counterclaim for damages in connection with purchasemoney mortgage	670

Same Damages for fraud	671

Counterclaim against assigness of mortgage	672

Counterclaim for usury	673

Miscellaneous instances of proper or improper counterclaims	674

Instances where crossbill permitted	676

Counterclaim or setoff must be pleaded	678

CHAPTER XXXI	680

parties	681

Voluntary intervention of parties	682

Substitution and bringing in of parties	683

CHAPTER XXXII	687

Same Rule in New York where part only of debt is due	688

Practice upon default by defendant Reference to compute amount due	689

When notice of motion for order of reference not necessary	690

When such notice is necessary New York Practice	691

Same When infant and absentee defendants New York practice	692

Reference to compute amount due Who may be referee	693

Same Changing referee	694

Same Who to prosecute reference Service of order	695

Same Finding as to how property should be sold	696

Same Conduct of reference New York practice	697

Same Examination on reference Evidence	698

Computing amount due Statement of items Allowance for repairs and payment of prior liens	699

Computing amount on building and loan association mort gages Fines and dues	701

Allowance of taxes and assessments paid by mortgagee	702

Before maturity 1450	703

Computing amount due on failure to pay taxes and assess ments	705

Report of referee	706

Filing and confirming referees report Exceptions thereto New hearing	707

Application for judgment What must be shown	708

Notice of application for judgment	709

Opening default Power of court	710

Proceedings where the bill is taken as confessed	711

When action ready for trial	712

Proceedings on trial after issue joined General rules	714

Proceedings after issue joined Where part only of the defendants have answered New York practice	717

CHAPTER XXXIII	719

Right to deficiency judgment	721

Lien of mortgagee on rents and profits	722

Causes for appointing a receiver Generally	723

Inadequacy of security and insolvency of mortgagor 726	729

a receiver	731

Injunction restraining sale Cause for appointing a receiver	733

When a receiver will not be appointed Mortgagor giving security	735

Where part only of debt due or premises can be sold in parcels	736

Where mortgagee guilty of laches Validity of mortgage denied	737

Where property in possession of stranger to the foreclosure	738

When rents cannot be applied under a receiver	739

When receiver applied for by defendant	741

Amount payable to effect redemption General rules 1472	742

Receiver of deceased mortgagors estate	743

Appointment of second receiver	744

No receiver where mortgagee holds legal title 7415	745

Subsequent mortgagee redeeming from prior mortgagee in possession	747

When a receiver will be appointed against a mortgagee in possession	748

Other cases for receiver where mortgagee in possession	749

Receiver where first mortgagee out of possession	750

Receiver appointed upon the application of junior mortgagee	751

Receiver when junior mortgagee in possession	752

Receivers as between different mortgagees	753

Same What matters may be urged in defense to application	754

CHAPTER XXXIV	755

Object of office of receiver	757

Modes of appointment	758

Appointment of receiver by court of equity	760

Appointment of receiver by federal court	761

General practice in appointing receiver	762

Time of appointing receiver	763

Appointment of receiver after granting decree	764

Appointment of receiver after sale	765

Manner of appointing receiver Motion or petition	766

On what papers application for receiver made	767

Appointment of receiver on ex parte application	769

What the application must show	770

Objections to appointment of receiver	772

Appointment of receiver by referee or master	773

proper person	774

Order of appointment by referee	775

Order of appointment by court Appeals	776

Contents of order appointing receiver Powers defined Prop erty described	777

Proposal of names for receiver 778	780

Effect of appointment of receiver	782

Jurisdiction of receiver	783

Rights and duties of receivers	785

Right of receiver to possession Nature of possession	786

Payments by receiver Repairs Taxes etc	787

Right of receiver to rents and profits	788

Rents bound from date of appointment of receiver	790

Personal liability of receivers	791

Interference with receivers possession	792

Remedy of parties claiming title paramount to receiver	793

Accounting of receivers	794

Compensation of receivers	796

Removal of receivers	797

CHAPTER XXXV	799

Same	801

Same Extent of relief granted by decree of sale	802

Time for redemption Effect on title of purchaser 1032	803

Same Description of property	804

Same Miscellaneous matters	806

Nature of sale	809

Time within which sale must be made	810

By what officer sale to be made Employing auctioneer or deputy	811

Same Authority	813

Same After foreclosure and sale 1474	814

Duties of officers making sale	815

Same Appraisement	816

Same Same Objections to	820

Description of mortgage and record in notice 1083	821

Same In New York	822

Contents of notice of sale 824	828

Same Insubstantial defects 827	829

Same Publication of notice of sale	830

Same Place of publication Sufficiency of newspaper	831

Same Posting statutory notice	832

Same Service of notice	833

Sale to be made at time advertised Place of sale	834

Same Miscellaneous persons 1117	835

Same At door of court house	836

654 Personal attendance of the officer conducting the sale	838

Terms and conditions of sale	839

Sale on credit	841

Same Where only part of debt due	843

Conditions of sale sometimes published	844

Postponement and adjournment of sale	845

Publishing notice of adjournment	847

Holding sale open	848

Who may purchase at foreclosure sale	851

Purchase by mortgagee 8 56	856

Memorandum of sale	859

Report of officer making sale	860

What referees report should show	861

Substituted or supplemental report of referee Notice to defendant	862

CHAPTER XXXVI	864

Same	865

Discretion of officer or referee as to selling in parcels	867

Sale in parcels When matter of right	869

Mortgagee or mortgagor dictating order of sale	871

Selling in parcels when premises described in one piece	872

Sale of premises subdivided into lots after execution of mort gage	873

Sale of moiety Land held by tenants in common	874

Where owner of separate tract is primary debtor	875

Same Where property partly in another state	876

Same	877

Same Where proceedings stayed by payment Subsequent default	879

Same Sale of portion of premises for part of debt due Failure to pay subsequent installments	880

Compliance with order or judgment	881

Sale of personal property or of timber with the land	883

CHAPTER XXXVII	885

Same Where the mortgaged land has been platted	889

Rights of purchaser of part of mortgaged premises subject to mortgage	890

Order of sale in parcels where subsequent grantee of part has assumed mortgage	891

Determining order of sale where various grantees Equities between them	893

Equitable rights between subsequent grantees and lienors	895

Equities between grantees Time of acquiring title	896

Where portions alienated have been released	897

Where conveyance by grantees of mortgagor	899

In case of subsequent encumbrances or mortgages	900

Same New Jersey Rule	901

In case of lessee not a party	902

Where the mortgage covers homestead and other lands	903

When rule for sale in inverse order does not apply	904

Same Where mortgage taken with notice of equities	906

Directions by court for the order of sale	907

Application to the court for direction	908

CHAPTER XXXVIII	910

Rights and liabilities of bidders Miscellaneous matters	911

Time to investigate title Reference	912

When bidder will be excused from completing his purchase Defect in the title	913

Same Irregularities in proceedings of sale Defect in parties	916

Same Where there were lunatic defendants	917

Same Where there were infant defendants	918

Same Known defects	919

Same Formal irregularities no excuse to purchaser	921

Miscellaneous rights of bidder where title defective	922

Doctrine of caveat emptor applied in some states	924

Refusal to comply with bid Effect Enforcement	925

Enforcing sale by attachment against purchaser	927

Taxing costs and disbursements on foreclosure by advertise ment 1179	928

CHAPTER XLIII	929

Affidavit of Posting Notice of Sale 1578	933

Who may object to confirmation or have sale set aside 942	939

Copyright

Common terms and phrases

action action to foreclose actual advances adverse possession agreement amount applied assignment authority Bank Barb bond claim Clark condition Conn consideration contract court creditor debt decree deed default defense demand discharge effect enforce entire entitled equity executed extension fact failure fore foreclose foreclose a mortgage foreclosure fraud gage give grantee held holder holding husband indebtedness installment intention interest Iowa Johns judgment land liable lien limitations Loan Mass maturity ment Miss mort mortgage mortgage debt mortgagor N. J. Eq N. Y. Suppl Nebr notice owner paid Paige Ch parties payment person plaintiff possession premises principal prior proceedings proceeds providing purchaser release rule secured Smith statute subsequent sufficient suit takes tender thereof tion trust trust deed unless usury valid whole wife

Popular passages

Page 451 - Any person may be made a defendant who has, or claims an interest in the controversy, adverse to the plaintiff, or who is a necessary party defendant, for the complete determination or settlement of a question involved therein ; except as otherwise expressly prescribed in this act.‎

Appears in 169 books from 1830-1999

Page 533 - A conveyance upon a sale, made pursuant to a final judgment, in an action to foreclose a mortgage upon real property, vests in the purchaser the same estate, only, that would have vested in the mortgagee, if the equity of redemption had been foreclosed. Such a conveyance is as valid, as if it was executed by the mortgagor and mortgagee, and is an entire bar against each of them...‎

Appears in 133 books from 1829-1994

Page 363 - The question is upon the intention, actual or presumed, of the person in whom the interests are united.‎

Appears in 91 books from 1819-1992

Page 740 - A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.‎

Appears in 215 books from 1848-1998

Page 277 - ... or possession of a particular estate is affirmed in the deed, either in express terms or by necessary implication, the grantor and all persons in privity with him shall be estopped from ever afterwards denying that he was so seized and possessed at the time he made the conveyance. The estoppel works upon the estate, and binds an after-acquired title as between parties and privies.‎

Appears in 88 books from 1851-1992

Page 589 - A person whose conveyance or incumbrance is subsequently executed or subsequently recorded is bound by all proceedings taken in the action after the filing of the notice, to the same extent as if he was a party to the action.‎

Appears in 54 books from 1777-1966

Page 876 - If such real property is situated partly in one county and partly in another and is so circumstanced that a sale of the whole will be most beneficial to the parties, the court rendering judgment may direct in which county the whole of such real property shall be sold. The conveyance is effectual, to pass the right, title, or interest of a party adjudged to be sold...‎

Appears in 69 books from 1829-1968

Page 97 - Should default be made in payment of any installment of principal or interest when due the whole sum of principal and interest shall become immediately due at the option of the holder of this note.‎

Appears in 38 books from 1884-2005

Page 3 - It is stated as a general rule, and it is unquestionably correct, that a note secured by a mortgage, or a deed of trust in the nature of a mortgage, is the principal thing, and the security but an incident.‎

Appears in 21 books from 1854-1977

Page 851 - A commissioner, or other officer making a sale, as prescribed in this title, or a guardian of an infant party to the action, shall not, nor shall any person, for his benefit, directly or indirectly, purchase, or be interested in the purchase of, any of the property sold...‎

Appears in 133 books from 1829-1992

Bibliographic information

Title	A Treatise on the Law and Practice of Mortgage Foreclosure on Real Property: And of Remedies Collateral Thereto, with Forms, Together with Essentials of the Law of Mortgages Including Redemption, Volume 1 A Treatise on the Law and Practice of Mortgage Foreclosure on Real Property: And of Remedies Collateral Thereto, with Forms, Together with Essentials of the Law of Mortgages Including Redemption, Charles Hastings Wiltsie
Author	Charles Hastings Wiltsie
Edition	4
Publisher	Williamson Law Book Company, 1927
Length	1916 pages

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