MORTGAGES, PAYMENT AND DISCHARGE-continued.

change in the form of the debt secured, as by taking a note, not a discharge. Conv.,
$$ 763, 768, 774, 775.

by mortgagor charging himself with note as mortgagee's executor. Conv., § 773.
entry and possession not a discharge; deficiency recovered. Conv., § 764, 769, 770.
on payment, a trust results to the mortgagor. Conv., § 822.

proof of whole debt against mortgagor's estate, not a discharge. Conv., §§ 767, 778.
by substitution of one deed of trust for another. Conv., § 776.

not by a decree, when. Conv., § 777.

after payment, mortgagor entitled to possession; if mortgagee is in, he is a trustee.
Conv., § 780.

effect of payment on the title. Conv., § 781.

discharge in Louisiana by petition. Conv., § 782.

no discharge where the note is outstanding. Conv., § 784.

unauthorized release of trust deed has no effect on the debt. Conv., § 785.

a fraudulent release is ineffectual. Conv., § 786.

19. REDEMPTION.

right of, is a rule of property, binding on federal courts. Conv., § 787, 800-804.
federal court may compel person redeeming to pay one per cent. to the clerk. Conv.,
S$ 788, 805, 824.

sheriff's certificate of redemption not conclusive; redemptioner may show a payment
in full. Conv., §§ 789, 806.

Conv., § 823.

jurisdiction of bill to redeem is in forum of mortgagee's domicile. Conv., § 821.
bill of review not entertained after redemption expired. Conv., § 790, 807.
how far right of, is controlled by provision against impairing contracts. Conv., § 804.
an appeal within the redemption period extends it. Conv., § 791, 808.
may be after release of equity of redemption, when.
of homestead by assignee, does not inure to bankrupt.
junior mortgagee may redeem from first mortgage.
whole debt must be paid. Conv., § 831.
redemptioner must pay amounts paid by junior mortgagee to protect the estate. Conv.,
SS 793, 812.

Conv., $$ 792, 809–811.
Conv., § 830.

assignee of equity must pay all that the mortgagor was liable to pay. Conv., § 832.
by subsequent mortgagee, he becomes an assignee. Conv., SS 794, 813.

agreement for by mortgagor and purchaser for, in fraud of third persons, void. Conv.,
§ 1075.

parties to bill to redeem. Conv., $$ 795, 814-820.

trustees with legal estate, and not cestuis que trust. Conv., §§ 796, 814.

heirs of mortgagor. Conv., $$ 797, 815.

heirs of mortgagee. Conv., § 798, 816.

otherwise if mortgage goes to personal representative. Conv., §§ 799, 817.
and where he had not taken possession. Id.

offer of, must be made with a suggestion that proper time not allowed by the decree.
Conv., § 825.

right of, presumed abandoned after twenty years' possession by mortgagee. Conv.,
§ 819.

effect of admission by mortgagee that he is such. Conv., § 820.

none after statutory period expired. Conv., § 826.

avoids sale.

Conv., § 827.

statute providing for, is inoperative as to existing mortgages. Conv., § 828.

by heirs, of mortgage to administrator. Conv., § 829.

lien of mortgage not tacked to prior judgment lien. Conv., § 834.

bill to redeem supported by an offer and readiness to redeem. Conv., § 835.
after decree, time for, not usually extended. Conv., § 836.
when right is cut off by foreclosure. Conv., § 1000.
by those not parties. Conv., § 999.

20. MORTGAGEE'S ACCOUNT.

Conv., § 392.
Conv., § 505.

must account for notes received as collateral and collected.
not an inseparable incident in a decree for redemption.
may be waived or discharged by mortgagor. Id.
barred by such neglect of mortgagor as would make it
$ 506, 507, 703.

inequitable to enforce it. Id.;

right to rent barred in six years, when. Conv., § 880.
is entitled to insurance taken out by himself. Conv., $ 508.
mortgagee is a trustee in equity. Conv., § 506.

he cannot set up an outstanding title. Conv., § 839, 852-861.

master need not inquire into consideration when treated as valid by the parties. Conv.,

§ 863.

examinations of books of account by. Conv., § 865.
cannot open a settled account, when. Conv., § 866.

mortgagee in absolute deed must account. Conv., 874, 1196.
mortgagee taking possession under a void sale must account.

Conv., § 1197.

for rents actually received, only when he cannot lease, or cannot collect rent after judi-
cious leasing. Conv., § 837, 851.

rents received after mortgage paid barred after six years. Couv., $$ 880, 949.

MORTGAGES, MORTGAGEE'S ACCOUNT- continued.

for rental value; when he has used the property in a partnership, and the business
fails. Conv., §§ 838, 851.

when he has occupied the premises. Conv., §§ 839, 852-861.

if he has kept no proper accounts; for what he might have received by proper care.
Conv., SS 846, 862-870.

sound discretion to be exercised. Conv., §§ 847, 870.

for interest; when in possession, and the rents exceed mortgage interest. Conv., §§ 840,
854.

when he receives rents after debt paid. Conv., §§ 841, 855.

rate of agreed on continues after maturity. Conv., §§ 850, 871-873.
for moneys received from sale of part of land by him. Conv., § 848, 867.
allowances to him; none for improvements if property not enhanced.

insurance premiums. Conv., §§ 872, 878.

what allowances made. Conv., § 873.

taxes which it is his duty to pay. Conv., § 877.

Conv., §§ 842,

between different mortgagees; second may claim surplus rents of first. Conv., §§ 844,
860.

21. WHEN THE RIGHT TO REDEEM IS BARRED.

not by lapse of nineteen years eight months, when mortgagor believed that his rights
were destroyed. Conv., §§ 504, 507.

would generally be barred by twenty years' possession of mortgagee. Conv., § 703.
twenty years' exclusive possession is a bar. Conv., § 881, 885-591, 894, 897, 898, 900,
953.

a state statute providing for redemption after twenty years, followed. Conv., §§ 882,
887, 888.

verbal acknowledgment must be clear in order to remove bar. Conv., § 883.

by answer to bill sufficient, when. Civ., § 896.

this period is adopted in analogy to the limitation of the right to enter on lands. Conv.,
ES 881, 892, 893.

statute does not run in favor of grantee in deed absolute on its face.
acknowledgments by mortgagor do not affect purchasers under him.
lapse of time of twenty years affords no presumption of payment.
twenty years' possession under de facto foreclosure a bar. Conv., §§

22. WHEN FORECLOSURE IS BARRED.

Conv., § 899.
Conv., § 895.
Conv., § 901.
897–900.

in fifteen years, in Connecticut. Conv., § 893.
limitation in equity adopted in analogy to statutes of limitation in like cases.
S$ 903, 918.

Conv., § 904, 913.
Conv., §§ 905, 915.

Conv.,

state statutes enforced as rules of property in federal courts.
statutes of limitations affect the remedy, not the contract.
stale demands not enforced in equity. Conv., §§ 906, 916.
presumption of payment from lapse of time repelled by payments, admissions, etc.
Conv., 907, 923, 928.

right to plead statute a personal privilege. Conv., § 926.

not a defense that the note is barred. Conv., § 929.

but if not pleadable on note it is not on mortgage. Conv., § 931.

confiscation of estate does not affect, so long as debt remains. Conv., § 935.

agreement to extend time of payment stops the statute between the original parties
only. Conv., § 961.

by bankruptcy proceedings, and ordering sale of property. Conv., § 970.

23. REMEDIES FOR ENFORCING MORTGAGES.

recovery on note operates to merge it, but does not affect the mortgage.
941-944, 963.

suit for deficiency. Conv., §§ 936, 945.

Conv., $$ 936,

when mortgage provides that whole debt is due on default. Conv., § 939, 947.
sale on default, when default appears only from note. Conv., § 958.
clause that whole debt due on default is valid. Conv., § 959.

proceedings at law and in equity at same time.

Conv., § 962, 963.

at common law an execution by mortgagee against equity of redemption is invalid.
Conv., § 966.

discharge of mortgagor in bankruptcy does not prevent foreclosure. Conv., § 967.
bankruptcy proceedings not a bar, unless sale ordered. Conv., § 970, 971.

court first getting jurisdiction retains it. Conv., § 969, 972.

scire facias in Illinois. Conv., § 973.

remedies in various states. Conv., §§ 974-979.

state court acquiring jurisdiction, federal court excluded. Conv., § 1001.
none after payment. Conv., § 1006.

24. FORECLOSURE BY ENTRY AND POSSESSION, AND BY WRIT OF ENTRY.
deficiency may be recovered by suit. Conv., §§ 764, 769, 770.

cannot be after payment. Conv., § 779.

MORTGAGES, FORECLOSURE BY ENTRY AND POSSESSION, AND BY WRIT OF ENTRY-Con.
entry for condition broken in presence of witnesses. Conv., § 980.

on one lot, good on all. Conv., § 981.

assignment after, assignee takes fee. Conv., § 982.

by writ of entry. Conv., § 983.

what declaration must allege. Conv., § 984.

though mortgage contains a power of sale. Conv., § 985.
effect of judgment. Conv., § 986.

25. PARTIES TO EQUITABLE FORECLOSURE SUITS.

effect of omission to make subsequent mortgagee a party. Conv., § 917.

wife not necessary party to suit involving homestead when she has executed the mort-
gage. Conv., §§ 943, 991, 997, 1017.

Conv., §§ 987, 995.

nor when the mortgage is paramount to her right. Conv., §§ 988, 991, 997, 1018.
mortgagor who has conveyed the equity not necessary party.
attaching creditor a proper party. Conv., § 999.
creditor obtaining judgment pending suit is bound by the
1001-3.

decree. Conv., §§ 990,

Conv., § 996.

courts of equity are reluctant to dismiss for want of parties.
incumbrancers pendente lite not necessary parties. Conv., §§ 1004, 1005.

when proper or necessary. Conv., § 1019.

husband necessary in wife's foreclosure, when. Conv., § 1007.

one in possession, not a party, is not bound by decree. Conv., §§ 628, 1008, 1010.
persons holding the equity are necessary. Conv., § 1009.
beneficiaries not made parties not bound. Conv., § 1011.

trustee in trust deed necessary, as he holds the legal title.
trustees and beneficiaries, when. Conv., § 1014.

Conv., §§ 1012, 1013.

persons through whom fraudulent title passed not necessary. Conv., § 1015.
executor with power to sell the land not a necessary party. Conv., § 1016.

when maker of note secured should be a party. Conv., § 1020.

decree not opened to let in new parties. Conv., § 1021.

joint tenants with mortgagor not necessary, when. Conv., § 1022.

infant heirs of mortgagor not made parties must assert their rights within one year
after majority. Conv., § 1023.

how, when United States owns the equity. Conv., §§ 1024, 1029. 1030.
decree against trustee does not bar cestuis que trust. Conv., § 1049.
decree does not affect those not made parties. Conv., § 1151.
one joint tenant not a necessary party in foreclosure against another.
volunteers who become interested pendente lite, not necessary parties.
rule as to, stated. Conv., §§ 1444, 1567.

26. FORECLOSURE BY EQUITABLE SUIT.

Conv., § 1187.
Conv., § 1209.

lies when money due, though no time for payment is fixed. Conv., § 437.
alien may bring such a suit. Conv., § 922.

is quasi in rem; non-residence of mortgagor immaterial. Conv., § 933.
mortgagee's title cannot be questioned in, but only at law.

Conv., 1025, 1026, 1027.

may be brought after suit at law on the debt, or at the same time. See supra, 23.
jurisdiction of federal courts of, by assignment. Conv., § 1028.

in Louisiana. Conv., § 1031.

notes secured by the deed may be offered in evidence. Conv., § 1032.

parts of the property previously sold may be omitted.

estoppels and admissions of mortgagor. Conv., § 1035.

Conv., § 1033.

of mortgage when no time of payment specified. Conv., § 1034.

subsequent mortgagee, made a party, cannot set off personal claim against plaintiff.
Conv., § 1036.

when fraud not a defense. Conv., § 1038.

27. APPOINTMENT OF A RECEIVER.

made only on some strong special reason, and is discretionary. Conv., § 1039, 1040.
receiver under juuior mortgage not disturbed by suit by prior mortgagee, when.
Conv., 1041.

none before answer or default.
when after assignee appointed.
to receive rents and pay interest.
title of purchaser from receiver.

28. STRICT FORECLOSURE.

Conv., § 1042.
Corv., § 1043.
Conv., § 1044.
Conv., § 1045.

time for redemption must be allowed in the absence of statute. Conv., §§ 1046, 1047,
1048.

cannot be allowed except under a special statute. Conv., § 1048.
extinguishes the debt. Conv., § 1052.

not allowed in Illinois.

29. DECREE OF Sale.

Conv., § 1050.

one in possession, not a party, is not bound by.
against trustee, does not bar the cestuis que trust.
may be made when strict foreclosure asked for.
void if it does not sufficiently describe the land.

Conv., § 628.

Conv., § 1049.
Conv., § 1051.
Conv., § 1053.

MORTGAGES, DECREE OF SALE- continued.

jurisdiction presumed; decree not collaterally attacked for error.
is final on the merits. Conv., § 1057.

Conv., § 1054-1056.

rendered without requisite notice by publication is erroneous only, not void. Cenv.,
$ 1058.

recital of service on defendant stands as true, after thirty years. Conv., § 1059.
jurisdiction presumed after lapse of considerable time. Conv., § 1060.
accounting should precede, when. Conv., § 1061.

is a final decree for purposes of appeal. Conv., § 1063.

does not affect those not made parties.
decree of payment in coin is erroneous.

30. FORECLOSURE SALES UNDER DECREE.

Conv., § 1151.

Conv., § 1152.

though irregular and void, passes all the rights of the mortgagee. Conv., § 702.
statute as to sale in separate parcels is directory. Conv., § 810.

in Illinois, are made in inverse order of mortgagor's conveyances. Conv., $$ 1065,
1070-1072.

decisions of state court followed. Conv., SS 1066, 1071.

no title passes until confirmation; it then vests by relation to sale, if no equities inter-
vene. Conv., 1067, 1073, 1074.

not set aside on agreement between mortgagor and purchaser in fraud of third per-
sons, for redemption. Conv., § 1068, 1075, 1076.

when set aside the satisfaction of the debt following the sale is vacated. Conv.,
SS 1069, 1077.

change of name of newspaper designated to publish notice of, immaterial. Conv.,
$ 1078.

decree may require deposit of "earnest" money. Conv., § 1079.

mill property required to be sold as a unit. Conv., § 1080.

mortgagee has the right to have the whole sold. Conv., § 1081.

sale where two persons have lien on same property, and one has a lien on other land.
Conv.,

1082.

may be adjourned. Conv., § 1083.

bid must be accepted. Conv., § 1084.

purchaser entitled to possession as against a receiver appointed to enforce a judgment
lien. Conv., § 1085.

writ of assistance issues against parties and privies only. Conv., §§ 1086–1088.

federal court cannot set aside sale in state court. Conv., § 1089.

if statute runs on one note after sale it will not affect the right to proceeds. Conv.,
§ 1090.

inadequacy of price, unless gross, will not avoid sale. Conv., §§ 1190, 1199.

31. JUDGMENT FOR DEFICIENCY. See supra, 23.

mortgagor who has conveyed equity liable to. Conv., § 720.

deficiency may be recovered and applied, after foreclosure by entry and possession.
Conv., § 764, 769, 770.

value of equity is to be taken at time of its extinction. Conv., § 783.

when not made, in foreclosure.

Conv., § 1037.

a court of equity, having jurisdiction to foreclose, may retain to decree deficiency.
Conv., SS 1091, 1095-1097.

decree may be in personam in the District of Columbia. Conv., $ 1092, 1098, 1099.
in New York, under a statute that there is no covenant implied in a mortgage, there
can be none without a separate obligation. Conv., § 1093, 1100, 1101.

but there may be a personal action for the debt, on competent evidence. Conv.,
S$ 1094, 1101.

against grantee of mortgagor who assumes the mortgage.

execution may issue upon. Conv., § 1102.

Conv., § 1097.

Conv., § 1103.

in Indiana, where there is no written agreement to pay.
execution of enjoined when creditor has bid in land at his own price. Conv., § 1162,
1173, 1174.

32. POWER OF SALE IN MORTGAGES AND DEEDS OF TRUST.

a. Nature and operation of such instruments.

in California are mortgages, when. Conv., §§ 1104, 1109-1112.

a mortgage with power of sale in third person implies a trust; no right of posses-
sion till default. Conv., § 1105, 1110.

sale on default of interest. Conv., § 1175.

so of a trust deed. Conv., §§ 1106, 1111.

in California the title is in the trustees. Conv., SS 1107, 1112.

trustees have no right to possession before default. Conv., §§ 1108, 1111.

any act under the deed is an acceptance. Conv., § 1113.

mortgages and trust deeds have same legal effect. Conv., § 1114.

deed with power of sale is a mortgage. Conv., §§ 1115, 1146.

instrument given as a security, with clause for reconveyance, is a trust deed,
Conv., § 1116.

trust deed conveys title.

trustee may be removed.

Conv., § 1117.

Conv., § 1118.

trustee may exercise power to sell, in his discretion. Conv., § 1120.

-

MORTGAGES, POWER OF SALE IN MORTGAGES AND DEEDS OF TRUST — continued.
b. Exercise and extension of power of sale.

Conv., § 672.

construction of directions to trustee to sell.
sale valid, though the marshal has also an execution for the debt. Conv., §§ 937,
941-944.

sale under decree is a judicial one, and not under the power. Conv., § 1119.
proceedings for foreclosure after defendant had been driven within Confederate
lines, void. Conv., SS 1121, 1124–1128.

otherwise if he voluntarily leaves to engage in hostilities against his country.
Conv., § 1134.

if trustee exceeds his power, equity will restrain and control him. Conv., §§ 1122,
1129.

sale enjoined as to purchaser who supposed the mortgage did not contain a power
of sale. Conv., §§ 1123, 1130, 1131.

in Georgia the power of sale is a naked power, ceasing with mortgagor's death or
bankruptcy. Conv., § 1132.

mortgagee's possession as a tenant at will not sufficient to give him an interest.
Conv., § 1133.

sale not enjoined without good cause. Conv., § 1140.

one selling land without due authority must account to mortgagor for the proceeds.
Conv., § 1148.

under prior mortgage, valid though subsequent mortgagee a bankrupt. Conv.,
SS 1156, 1198.

the civil war did not exempt property of persons living in Confederate States
from foreclosure proceedings. Conv., §§ 1135, 1136.

case where remedy was suspended during the war. Conv., §§ 1137-1139.

may be waived. Conv., § 1514.

c. Notice of sale under power.

sales not made according to general law, void. Conv., § 1141, 1146-1148.

must be published for the full time required by the trust deed. Conv., §§ 1142,
1148; p. 387.

pendency of civil war preventing publication, is immaterial. Conv., §§ 1142, 1149.
need be certain only to a common and reasonable intent. Conv., § 1143, 1153,
1154.

instances of good descriptions of land in. Conv., § 1154.

sale at site of door of burned court-house, valid; purchaser need not look beyond
recitals. Conv., §§ 1145, 1155, 1156.

d. Conduct of sale.

trustee need not sell a part, but may sell the whole. Conv., §§ 1157, 1166.
acquiescence of mortgagor in, will cure irregular sale. Conv., § 1158, 1170.
when sale for cash or credit authorized, both may be combined. Conv., §§ 1159,
1171.

may sell wholly on credit; not liable for depreciation. Conv., §§ 1160, 1172.
trustee should adjourn, if no bidder but creditor or sham bidders. Conv., §§ 1161,
1173.

if creditor buy at his own price, collection of deficiency enjoined.
§ 1174.

sale may be adjourned more than once.

Conv., SS 1163, 1175-1179.

trustee need not be present in person. Conv.. § 1168.

auctioneer may bid for beneficiary. Conv., §§ 1177, 1178.

Conv.,

error in stating amount of attorney's fee as in mortgage not fatal. Conv., § 1180.

statute requiring sale in parcels held directory. Conv., § 1181.

trustee may depute agent to attend sale. Conv., § 1182.

first mortgagee should have the right to bid, when. Conv., § 1249.

e. Who may purchase.

beneficiary under trust deed. Conv., §§ 1177, 1194.

auctioneer may bid for him. Conv., § 1178.

trustee coming into possession several years after sale is not necessarily fraudulent.
Conv., § 1183, 1186-1189.

corporation may, though the trustee was its actuary. Conv., SS 1184, 1190, 1191.
bidder not bound unless there was a memorandum of the sale signed by him or the
auctioneer. Conv., §§ 1185, 1192.

mortgagee with power of sale cannot buy. Conv., § 1193.

1. Liability of trustee.

selling land without authority, must account to mortgagor for the proceeds.
Conv., 1148.

none for sale on credit and depreciation of security taken, when. Conv., §§ 1160,
1170-72.

g. Rights of purchaser.

may bring ejectment without giving notice to quit. Conv., § 1195.

33. SATISFACTION, EXTINGUISHMENT, ETC.

assignment to secure a note never delivered is not a. Conv., § 541.

presumption of payment does not arise from lapse of time, against mortgagee in pos-
session. Conv., § 703.