 | 1890 - 548 σελίδες
...his right to it, and notifies the other party of his intention to rely upon it. As a right fonnded upon the equity of the statute, it must have come...that this action can be maintained against him upon h,s promise, the right of action must have arisen at once upon the delivery of the deed, or, at the... | |
 | New York (State) - 1880 - 832 σελίδες
...sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of the action. § 1627. Any person, who is liable to the plaintiff for the payment of the debt secured by the mortgage, may [6] 41 debt may be made a defendant in the action : and if he has appeared, be made ' . ff ' defend-... | |
 | New York (State) - 1881 - 1532 σελίδες
...lllbuard, 45 How. Pr. iSO. ;.' 1627. Person liable for mortgage debt may be made defendant, etc. — Any person who is liable to the plaintiff for the...the mortgage, may be made a defendant in the action ; and if he has appeared, or has been personally served with, the summons, the final judgment may award... | |
 | Austin Abbott - 1883 - 602 σελίδες
...the settled practice of courts of * The present statute is us follows: Code Civ. Pro., '•§1027. Any person who is liable to the plaintiff for the...payment of the debt secured by the mortgage, may be marie a defendant in the action; and if he has appeared, or has been personally served with the summons,... | |
 | 1884 - 520 σελίδες
...PBIOB INCUMBBANCEBB ; SUBSEQUENT INCUMBBANCEBS ; GUABANTOBS AND SURETIES. Guarantors- and Sureties. "Any person who is liable to the plaintiff for the...the mortgage, may be made a defendant in the action; and if he has appeared or has been personally served with the summons, the final judgment may award... | |
 | Charles Hastings Wiltsie - 1885 - 364 σελίδες
...made only by bringing him before the court. On the other hand, it can scarcely be claimed that he " is liable to the plaintiff for the payment of the debt secured by the mortgage."2 1 Craig v. Parkis, 40 NY 181 (1869) ; Ketchell v. Burns, 24 Wend. (NY) 456 (1840); First... | |
 | New York (State), Charles David Rust - 1885 - 814 σελίδες
...sufficient to discharge the • lebt, the expenses of the sale, and the costs of the Action. SÍ 1627. Any person, who is liable to the plaintiff for the payment of the ¡Ml secured by the mortgage, may be made a defendant in the action ; and '• lifi has appeared, or... | |
 | 1887 - 814 σελίδες
...sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of the action. § 1627. Any person, who is liable to the plaintiff for the...the mortgage, may be made a defendant in the action ; and if he has appeared, or has been personally served with the summons, the final judgment may award... | |
 | New York (State), Charles David Rust - 1889 - 864 σελίδες
...sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of the action. § 1627. Any person, who is liable to the plaintiff for the...payment of the debt secured by the mortgage, may be made я defendant in the action ; and if he has appeared, or has been personally served with the summons,... | |
 | Charles Hastings Wiltsie - 1889 - 1248 σελίδες
...be made only by bringing him before the court. On the other hand, it can scarcely be claimed that he "is liable to the plaintiff for the payment of the debt secured by the mortgage."1 In case of such a guaranty it would certainly be safe for the plaintiff to omit the guarantor... | |
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Any person who is liable to the plaintiff for the payment of the debt secured by the mortgage may be made a defendant in the action and if he has appeared or has been personally served with the summons, the final judgment may award payment by him... 
