The Pacific Reporter, Volume 48West Publishing Company, 1897 - Law reports, digests, etc |
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Results 1-5 of 82
Page 19
... mortgage , and a release made by him without authority will not affect the rights of the assignee . 2. An assignee of a duly - recorded mortgage is authorized to discharge the same by an entry on the margin of the record acknowledging ...
... mortgage , and a release made by him without authority will not affect the rights of the assignee . 2. An assignee of a duly - recorded mortgage is authorized to discharge the same by an entry on the margin of the record acknowledging ...
Page 20
... mortgage had been transferred by them to Huntington , and when they had no own- ership in either the note or mortgage . Dur- ing this period Huntington held and owned the note , and had given evidence of his own- ership of the mortgage ...
... mortgage had been transferred by them to Huntington , and when they had no own- ership in either the note or mortgage . Dur- ing this period Huntington held and owned the note , and had given evidence of his own- ership of the mortgage ...
Page 29
... MORTGAGE - FORECLOSURE EVIDENCE . 1. A certificate of acknowledgment of a mort- gage is prima facie evidence of its execution when put in issue in an action for foreclosure . 2. In an action to foreclose a mortgage the recitals in the ...
... MORTGAGE - FORECLOSURE EVIDENCE . 1. A certificate of acknowledgment of a mort- gage is prima facie evidence of its execution when put in issue in an action for foreclosure . 2. In an action to foreclose a mortgage the recitals in the ...
Page 30
... mortgage being then in the posses- sion of Thorn , and he having advanced the full face of it to the plaintiff . Many author- ities are cited to the effect that the indorse- ment of a negotiable promissory note , secur- ed by mortgage ...
... mortgage being then in the posses- sion of Thorn , and he having advanced the full face of it to the plaintiff . Many author- ities are cited to the effect that the indorse- ment of a negotiable promissory note , secur- ed by mortgage ...
Page 31
... mortgage , when the action was finally tried the plaintiff was entitled to recover the whole value of the mortgage lien . We base the decision of this case on its special facts , which we hold distinguish it from the cases cited by the ...
... mortgage , when the action was finally tried the plaintiff was entitled to recover the whole value of the mortgage lien . We base the decision of this case on its special facts , which we hold distinguish it from the cases cited by the ...
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Common terms and phrases
affirmed agreement alleged Alturas county amended amount answer Appeal from superior assignment attorney authority bank Bingham county bond cause of action claim Code Colo complaint concur constitution contest contract Coos county corporation creditors damages debt decree deed defendant demurrer denied district court entitled evidence executed fact favor fendant filed foreclosure Gallatin county held indebtedness interest issued John Mahnken Judge judgment jurisdiction jury justice land levy liability lien ment Milton Kelly mortgage motion Myrtle Point paid parties payment person petition plaintiff in error Port Townsend possession proceedings promissory note question railroad reason received record recover rendered respondent reversed Roseburg rule sheriff Silver Republican party statute suit superior court Supreme Court testimony thereof tiff tion trial court trust verdict wife witness writ
Popular passages
Page 247 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 233 - Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States...
Page 292 - Nothing herein shall be construed to exempt the real property of associations from either State, county, or municipal taxes, to the same extent, according to its value, as other real property is taxed.
Page 140 - No bill shall contain more than one subject, which shall be clearly expressed in its title, and no law shall be revived or amended unless the new act contain the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed.
Page 325 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 325 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 375 - All property in this Commonwealth is .... held subject to those general regulations which are necessary to the common good and general welfare. Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power...
Page 327 - Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other^ person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that...
Page 94 - All claims founded upon the constitution of the United States or any law of congress, except for pensions, or upon any regulation of an executive department, or upon any contract express or implied with the government of the United States...
Page 193 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.