 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.  The Pacific Reporter - Página 3761887Visualização integral - Acerca deste livro
 | California. Supreme Court - 1887 - 810 páginas
...to a writ of entry for their recovery. The language of the statute is express, that it shall not bo deemed a conveyance, whatever its terms, so as to...enable the owner of the mortgage to recover possession without a foreclosure and sale. (See Pr. Act, sec. 260; McMiIlan v. Richards, 9 Cal. 411; Nagle v.... | |
 | Montana. Supreme Court, Henry Nichols Blake - 1887 - 682 páginas
...Default of payment. — Code Civil Procedure Montana, section 359, providing that a mortgage of realty shall not be deemed a conveyance, whatever its terms, so as to enable the mortgagee to recover possession without foreclosure and sale, held a conveyance in trust to secure... | |
 | California. Supreme Court - 1906 - 766 páginas
...and a sale of the mortgaged premises. ld. S. Sec. 260 of the Practice Act of 1861 which provides that "a mortgage of real property shall not be deemed a conveyance whatever lts terms," etc., applies to all mortgages, as well those executed before as after its passage. ld.... | |
 | Colorado. Supreme Court - 1888 - 688 páginas
...the mortgaged premises under a decree of foreclosure. Section 263 of the code of 1883 provides that "a mortgage of real property shall not be deemed a...of the real property, without foreclosure and sale, and the fact of a deed being a mortgage in effect may be proved by oral testimony; but this section... | |
 | Charles Hastings Wiltsie - 1889 - 1250 páginas
...the Oregon statute, which provides that "a mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale according to law," a mortgagee is not entitled to the rents and profits before... | |
 | California - 1880 - 1122 páginas
...measurement; hut if any unnecessary injury be done to the property, he is liable therefor. § 744. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as : > enable the owner of the mortgage to recover possession of the real property without a foreclosure... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1890 - 618 páginas
...true Hill's Code, § 326, provides: "A mortgage of real property shall not be deemed a conveyance, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale according to law." This provision of the statute is copied from the Revised... | |
 | Britain Rice Webb - 1890 - 786 páginas
...with like effect.1 A mortgage of real property, whatever its terms, is not to be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure or sale under a power.2 Mortgages are discharged by an entry in the margin of the record,... | |
 | Abraham Clark Freeman - 1891 - 1034 páginas
...true, Hill's Code, section 326, provides: "A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale according to law." This provision of the statute is copied from the Revised... | |
 | Oregon - 1892 - 1154 páginas
...purchaser. § 326. [323.] A mortgage of real property shall not Oct. 11, 1862, be deemed a conveyance so as to enable the owner of — the mortgage to recover possession of the real property without a foreclosure and sale according to law. Mortgagor and mortgagee. — Such possession is a good defense... | |
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