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" In such action the court may, by its judgment, direct the sale of the encumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of court, and the expenses of the... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Page 38
by Georgia. Supreme Court - 1859
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Law of Real Property: Being a Complete Compendium of Real Estate ..., Volume 9

Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1903 - 948 pages
...the principal of the debt but does include the payment of the interest, the court properly may direct the application of the proceeds of the sale to the payment of the costs and expenses of the proceeding, and to the principal of the debt first, and the balance to any...
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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 17

Colorado. Court of Appeals - Law reports, digests, etc - 1904 - 680 pages
...power, by its judgment, to direct the sale of the encumbered property, or as much as may be necessary, and the application of the proceeds of the sale to the payment of the costs of the court and expenses of the sale, and the amount due to the plaintiff; and if it appears...
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A Treatise on the Law of Mortgages of Real Property, Volume 2

Leonard Augustus Jones - Foreclosure - 1904 - 1088 pages
...may by its judgment direct a sale of the incumbered property, or so much thereof as may be necessary, and the application of the proceeds of the sale to the payment of thecosts and expenses of sale and the amount due to the plaintiff, and may appoint a commissioner "to...
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The New York Supplement, Volume 94

Law reports, digests, etc - 1905 - 1286 pages
...the relief demanded in the complaint, which was for judgment of foreclosure and sale of the premises and the application of the proceeds of the sale to the payment of expenses and costs and the payment of the amount due on the mortgage, together with such other relief...
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Cases Determined in the Supreme Court of Washington, Volume 37

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - Law reports, digests, etc - 1905 - 870 pages
...for the amount so due, for a decree foreclosing the mortgage and directing a sale of tho mortgaged property, and the application of the proceeds of the sale to the satisfaction of the judgment. To the complaint Abbott first filed an answer, in which he denied the...
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The Code of Civil Procedure of the State of California: Adopted ..., Volume 1

California - Civil procedure - 1906 - 1130 pages
...its judgment, direct the sale of the encumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of court, and the expenses of the sale, and the amount due plaintiff including, where the mortgage...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 88

John William Wallace - Law reports, digests, etc - 1906 - 726 pages
...to obtain a decree for the sale of the mortgaged premises, and YOU xxi. 19 ' Statement of the case. the application of the proceeds of the sale to the payment of the amount which might be found due to them on the note secured. In this suit Hilburn and his wife, who...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 63

United States. Supreme Court - Law reports, digests, etc - 1906 - 554 pages
...judgment creditors, were finally settled in the Parish Court; and that the judgments therein rendered for the application of the proceeds of the sale to the payment of Hampton's heirs, and the judgments finally homologating the accounts of the syndics, are final and...
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Pacific States Reports: Extra Annotated, Book 8

Law reports, digests, etc - 1906 - 2198 pages
...misrht take a personal judgment for the amount due, with a direction for the sale of the mortgaged property, and the application' of the proceeds of the sale to the credit of the judgment; and upon the judgment so rendered, he might then take out excution for the...
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The American Review of Reviews, Volume 44

Albert Shaw - American literature - 1911 - 968 pages
...modification was held to be the seizure of all of the property of the Trust for sale at public auction, the application of the proceeds of the sale to the payment of the debts and the division of any surplus remaining among the stockholders. Resort to that alternative was not...
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