To FRANCIS A. MACOMBER, LL. D., ONE OF THE JUSTICES OF THE SUPREME COURT OF THE STATE OF NEW YORK. This Book is Respectfully Inscribed BY THE AUTHOR. Gift Mrs. F. W. Kelsey PREFACE. THE generous and appreciative reception given by the legal profession to the author's original monograph on Parties to Mortgage Foreclosures and Their Rights and Liabilities, has been his chief encouragement during the past two years in preparing this treatise, and he bespeaks for this more elaborate endeavor the same kind treatment that was given to his first work. In presenting this treatise, it is desired to call the special attention of the profession to the fact that the original monograph on Parties has been included in, and superseded by this work. The general plan and style of the monograph have been followed in these pages. The same original and exhaustive investigation which was given to that narrow part of the general subject of the law and practice of foreclosing mortgages, has here been devoted to every part of the subject. This work is not a second edition of the first one, but is distinctively a new treatise-covering every part of the law and practice of foreclosing mortgages, from the complaint through the distribution of surplus moneys, and including such collateral remedies as the appointment of a receiver. It is adapted to the practice of every state in the Union, and especially of those states where foreclosures are conducted by equitable actions and sales. Over eight thousand cases have been cited; about one-third of these have been taken from the reports of the state of New York. Every case cited has been tested and examined three different times, with a view to making the work accurate in details, as well as exhaustive, and as far as possible original. Digests and general text-books have been used very little. The work has been written up from the decisions of the courts as contained in the state reports; consequently, a great amount of new matter has been obtained that can be found in no other text-book. In the foot-notes the limitations and modifications of general principles, and the special and peculiar instances are given in full. The practicing attorney-for whom this book has been written-is familiar with general principles; what he wants are the peculiar and special cases. The date of every case has been placed after its citation at the suggestion of the publishers, a feature that it is believed will add greatly to the convenient use of the book. The author desires to acknowledge his great indebtedness to JAMES M. KERR, Esq., for assistance in preparing a large part of the work; indeed, without his assistance it would hardly have been possible for the author to have found time from the duties of an active practice to prepare the book with that exhaustiveness, completeness and accuracy which he hopes the legal profession will find to characterize it. FREDERICK B. HALL, Esq., also has rendered valuable assistance in testing and verifying nearly every citation in the book, and in preparing the appendix of forms. ROCHESTER, N. Y., May, 1889. |