Pacific States Reports: Extra Annotated, Book 8Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 16
... debt , secured by mortgage , is payable in installments , the mortgagee or his assignee has a right to bring an action to foreclose the mortgage when the first installment falls due and is not paid . A debt due to the intestate is a ...
... debt , secured by mortgage , is payable in installments , the mortgagee or his assignee has a right to bring an action to foreclose the mortgage when the first installment falls due and is not paid . A debt due to the intestate is a ...
Page 22
... debt and the costs of suit , and if the same should be insufficient to pay the debt , then a judgment should be docketed in favor of the plaint- iff Hall , administrator of Cook's estate , against the defendant Wig- gins , for such ...
... debt and the costs of suit , and if the same should be insufficient to pay the debt , then a judgment should be docketed in favor of the plaint- iff Hall , administrator of Cook's estate , against the defendant Wig- gins , for such ...
Page 25
... debt , they cannot plead the statute so as to affect that right . But the plaintiffs ask for other relief ; that is , the sale of the mortgaged premises to pay the debt . The defendants Lau- rencel and Eldredge , claiming the title to ...
... debt , they cannot plead the statute so as to affect that right . But the plaintiffs ask for other relief ; that is , the sale of the mortgaged premises to pay the debt . The defendants Lau- rencel and Eldredge , claiming the title to ...
Page 26
... debt ; and if the mortgagee took possession under his common law right , equity compelled him to account for the rents and profits which were applied in liquidation of the mortgage debt . So that this section of the Act of 1851 cannot ...
... debt ; and if the mortgagee took possession under his common law right , equity compelled him to account for the rents and profits which were applied in liquidation of the mortgage debt . So that this section of the Act of 1851 cannot ...
Page 31
... debt held by him ; that the holders of the other notes had no right to require him to pay them a pro rata portion of the proceeds of the sale , and if it required a sale of the whole of the mortgaged property to pay his debt , it would ...
... debt held by him ; that the holders of the other notes had no right to require him to pay them a pro rata portion of the proceeds of the sale , and if it required a sale of the whole of the mortgaged property to pay his debt , it would ...
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Common terms and phrases
affidavit affirmed alleged amount answer appeal applied assessed assigned attorney avers Central Pacific Railroad claim commenced common carriers common law complaint concurring contract conveyance conveyed counsel County Court of Equity Court-NORTON creditors CROCKER debt decree deed defendant delivered the opinion demurrer denied District Court dollars Duff entitled error estoppel evidence execution facts filed foreclosure grant ground held homestead interest issued J. R. Robertson Judge judgment Judicial District jurisdiction jury land levied liable lien ment mining mortgage motion notice objection owner parties partnership payment person plaintiff pleadings possession Practice Act premises Probate Court proceedings provides purchaser question railroad real estate record recover refused remittitur rendered Respondent rule Santa Clara County set-off Sheriff Solano County sold statute Statute of Limitations sufficient suit taxes tenant thereof tion tract trial valid verdict void wife witness
Popular passages
Page 520 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 326 - ... that the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Page 37 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Page 221 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 610 - An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.
Page 294 - No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded by the clerk of the town where the mortgagor resides.
Page 532 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the Legislature intended them as a whole, and...
Page 112 - The powers of the government of the state of California shall be divided into three separate departments: The legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Page 244 - Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 66 - The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law.