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" 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. "
West Coast Reporter: Containing All the Decisions as Fast as Filed, of the ... - Σελίδα 323
1885
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Reports of Causes Determined in the United States District Court ..., Τόμος 4

United States. District Court (Hawaii) - 1918 - 1016 σελίδες
...1843-1872, which declares 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.' This provision of the statute cuts up by the roots the doctrine...

Lawyers' Reports Annotated, Βιβλίο 16

1908 - 1368 σελίδες
...by a statutory provision that "a mortgage of real property 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;" the court saying: "This provision does not limit the nature or extent of the interest...

United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1919 - 740 σελίδες
...statute of Oregon providing 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 foreclosure and sale according to law, held void the appointment of a receiver which was made solely upon the authority...

A Treatise on the Law and Procedure of Receivers: With Forms; Being ..., Τόμος 1

Henry Gabriel Tardy - 1920 - 1282 σελίδες
...effect that "a mortgage on 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 foreclosure and sale" (Mills' Ann. Code Colo. 261). It is universally held, however, that such a statute simply means that...

The Law in Business Problems: Cases and Other Materials for the Study of ...

Lincoln Frederick Schaub, Nathan Isaacs - 1921 - 872 σελίδες
...1843-1872, which declares 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." This provision of the statute cuts up by the roots the doctrine...

Cases on Mortgages (Minnesota).

University of Minnesota. Law School - 1921 - 362 σελίδες
...Lien theory. GS 1.913, § 8077 : A_mortgage of real property is not to be_ deemed a conveyance, so as to enable the owner of the mortgage To' recover possession of the realpro BERRY, J. in Rice v. St. Paul Etc. E. Co. (1878), 24 Minn. 464, 475: At common law, after a...

The Codes of California ...: As Amended and in Force at the Close of the ...

California - 1922 - 1400 σελίδες
...ITS TERMS. 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. History: Enacted March 11, 1872, re-enactment of § 260 Practice Act; repeal...

The Code of Civil Procedure of the State of California in Four Parts

California - 1923 - 952 σελίδες
...ITS TERMS. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as 7 a foreclosure and sale. Enacted March 11. 1872 (re-enactment of 9 260 Practice Act): repeal by Code...

The Code of Civil Procedure of the State of California in Four Parts ...

California - 1923 - 600 σελίδες
...therefor. 744. 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. 745. The court may, by injunction, on good cause shown, restrain the party...

The Federal Reporter, Τόμος 69

1895 - 1054 σελίδες
...The laws of Oregon provide 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." Gen. Laws 1845-64, p. 228, §323. Under this statute the...




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