 | James Kent - 1826-1830 - 1830 - 556 pages
...coupled with an interest, and are irrevocable, and are deemed part of the mortgage security, and vest in any person who, by assignment or otherwise, becomes entitled to the money secured to be paid.c But the power is not divisible, and an assignment by the mortgagee of a part of... | |
 | James Kent - Law - 1848 - 798 pages
...coupled with an interest, and are irrevocable, and arc deemed part of the mortgage security, and vest in any person, who, by assignment or otherwise, becomes entitled to the money secured to be paid.*1 But the power is not divisible, and an assignment by the mortgagee of a part... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...with on interest, and is irrevocable, and is deemed part of the mortgage or security, and vests in any person who by assignment or otherwise becomes entitled to the money secured to be paid — 4 Kent's Com., 147. Bergen v. Bennet, 1 Caines1 Cases in Err., 1. Wilson v.... | |
 | James Kent - Law - 1858 - 778 pages
...coupled with an interest, and are irrevocable, and are deemed part of the mortgage security, and vest in any person, who, by assignment or otherwise, becomes entitled to the money secured to be paid. (/) But the power is not divisible, and an assignment by (a) Roberts v. Bozon,... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...secure the payment of money, is deemed a part of the security, and vests in, and may be executed by any person who, by assignment or otherwise, becomes entitled to the money so secured to be paid. (1 RS 737, § 133.) A mortgage may be made either of an estate in fee or for... | |
 | New York (State). Commissioners of the Code - Civil law - 1862 - 550 pages
...payment of money, the power is to be deemed a part of the security, and vests in and may be executed by any person, who by assignment or otherwise, becomes entitled to the money so secured to be paid. § 299. The provisions of this title do not extend to a Application simple power... | |
 | John C. Devereux - Law - 1868 - 444 pages
...coupled witb an interest ; is irrevocable and deemed part of the mortgage security ; and it vests in any person who, by assignment or otherwise, becomes entitled to the money secured to be paid. And a power to mortgage includes in it a power to execute a mortgage, with a power... | |
 | California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...payment of money, the power iff to be deemed a part of the security, and vests in and may be executed by any person who, by assignment or otherwise, becomes entitled to the money so secured to be paid; but such power is subject to the provisions of Chap. , CODE OF CIVIL PROCEDURE.... | |
 | Emory Washburn - Real property - 1876 - 768 pages
...an interest, it is necessarily irrevocable. It becomes a part of the mortgage security, and vests in any person who, by assignment or otherwise, becomes entitled to the money secured to be paid." " The sale that is made in pursuance of it is virtually a foreclosure of the mortgagor's... | |
 | New York (State). Legislature. Senate. Special Committee on the Revision of the Statutes - Law - 1879 - 472 pages
...of money, the power is deemed a 8aee ' part of the security, and vests in, and may be executed by, any person, who, by assignment or otherwise, becomes entitled to the money so secured to be paid. [Id., § 133; substituting the italicized words, " mortgagee ", etc., for ''the... | |
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Where a power to sell real property is given to a mortgagee, or to the grantee in any other conveyance intended to secure the payment of money, the power is deemed a part of the security, and vests in, and may be executed by any person who, by assignment... 
