The Encyclopaedia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases, Volume 9E. Thompson Company, 1897 - Civil procedure |
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Common terms and phrases
action alleged amount appear assignment averment Bank Barb bill chancery charged claim Code common law complaint Conn court court of equity creditor deed of trust default defendant deficiency judgment demurrer entitled entry and detainer equity of redemption execution fact forcible entry fore foreclose foreclosure suit forged forgery forthcoming bond gage grantee held Illinois indictment instrument interest Iowa judgment jurisdiction jury land lien ment Minn mort mortgaged premises mortgagor N. J. Eq N. Y. Supreme Ct necessary party notice offense Ohio St owner Paige N. Y. payment person plaintiff plea pleaded possession power of sale proceedings purchaser remedy rendered rule scire facias secured sheriff Smith sold South Carolina Stat statute statutory strict foreclosure sufficient tenant Tenn tion writ of entry
Popular passages
Page 97 - 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.
Page 416 - Provided Always, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, or administrators, shall well and truly pay unto the said party of the second part...
Page 222 - ... there can be but one action for the recovery of a debt secured by a mortgage, which must be by foreclosure of the mortgage.
Page 40 - Every person is guilty of a forcible entry who either: 1. By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property; or, 2. Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.
Page 527 - ... it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac-simile of the whole or any part thereof.
Page 533 - When an offense involves the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material.
Page 501 - When a public offense is committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county.
Page 181 - ... all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part of, in, to or out of the said premises, and every part and parcel thereof. "To have and to hold...
Page 329 - 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 to a complete determination or settlement of the question involved therein.
Page 559 - In an indictment upon a statute, it is not sufficient to set forth the offense in the words of the statute, unless those words of themselves fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offense intended to be punished; . . .