Pleading in Courts of Ordinary Jurisdiction PDF Download
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Author: Kimball Allyn Cross
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 656
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Author: Kimball Allyn Cross
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 656
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Book Description
Author: Kimball Allyn Cross
Publisher: Rarebooksclub.com
ISBN: 9781230041209
Category :
Languages : en
Pages : 206
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Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... should not be rendered against the third possessor. He is not personally responsible (Balfour vs. Chew, 4 N. S. 154; Massey vs. Finch, 24 A. 29); and the decree should be conditional that he pay the debt within a period fixed by the judgment, or that he abandon the property. (Gale vs. Matta, 7 A. 140; Desobry vs. Carmena, 9 A. 180.) Its basis is a mortgage, whether conventional, legal or judicial; and it is brought against the party holding title to the property, who is called the third possessor. ." 339.--Methods of Enforcing a Mortgage. Our law has provided three distinct remedies for the enforcement of mortgages: (1) by an incidental demand for the recognition of the mortgage and the sale of the property in a personal action against the mortgagor, when the property remains in his possession; (2) by the hypothecary action against the third possessor, when the mortgagor has parted with title; and (3) by executory process, when the mortgage is evidenced by an act importing a confession of judgment. All these kinds of procedure have received the common designation, hypothecary, and many doctrinal errors and vicious consequences in practice have resulted from the confusion of terms. So, real actions may be brought where the property is situated, without regard to the domicil of defendant; and this rule has been applied in actions purely personal, where the sale of mortgaged property is asked for as an incident of the suit. (Gantt vs. Eaton, 25 A. 508; Generes vs. Simon, 21 A. 653, 15 A. 346; Acts of 1876, p. 106; but see Labauve vs. Slack, 31 A. 41.) But such an action is not essentially hypothecary. It enforces a personal obligation. It is executed by a writ of fieri facias. The judgment does not order defendant to abandon the...
Author: John Mitford Baron Redesdale
Publisher:
ISBN:
Category : Equity pleading and procedure
Languages : en
Pages : 314
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Author: Sir William Thomas Charley
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 1210
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Author: Clarke Butler Whittier
Publisher:
ISBN:
Category : Pleading
Languages : en
Pages : 256
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Author: Edgar Benton Kinkead
Publisher:
ISBN:
Category : Equity pleading and procedure
Languages : en
Pages : 344
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Author: Kelly Stephen Searl
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 520
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Author: Edward Bullen
Publisher:
ISBN:
Category : Forms (Law)
Languages : en
Pages : 1090
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Author: Erastus Thatcher
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages : 1036
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Author: New York (State). Commissioners on Practice and Pleadings
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 312
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