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References are to Pages.

TRUST-Continued.

GENERAL INDEX.

1151

beneficiaries; refusing to join with trustee as plaintiffs, necessary defendants, 224.

should unite with trustee in foreclosing mortgage, 129.

should usually be made parties to foreclosure by trustee, unless too numerous, 126, 127.

deed of; executed prior to mortgage, 505.

can not be questioned on foreclosure, 505.

for creditors; creditors may set up usury as defence in foreclosure,

415.

not litigated on foreclosure; ejectment proper action, 505.
surplus; distribution and priority, 856.

rights of beneficiaries, 856, 857.

trustee; appointment of receiver as against trustee of mortgagor's

estate, 786.

complaint; allegations by or against trustee, 334.

estoppel of mortgagor in foreclosure to set up trusteeship in himself, 463.

executor of, allowed to foreclose, 118, 119.

holding any interest in premises, necessary defendants, 172. must be made parties in their representative capacity,

173.

may foreclose, 126.

of fund for benefit of creditors, may foreclose without mak-
ing creditors parties, 128.

power of sale; costs on foreclosure by trustee, 960.
power of, to purchase at foreclosure sale, 630, 631.
refusal of, to act; appointment of receiver, 811.

refusing to join with beneficiaries as plaintiffs, necessary
defendant, 224.

should be made a party to foreclosure by cestuis que trust, 128. should unite with cestuis que trust to foreclose mortgage, 129. successor of, holding subsequent mortgage, a necessary defendant, 191.

should usually foreclose, 119.

to whom mortgages are executed as such, may foreclose, 126. undue influence; relief on foreclosure, 443, 444.

UNDIVIDED PREMISES.

mortgaged interest may be foreclosed, 312.

one of two joint mortgagors can not sever debt and pay a moiety, 312. UNDUE INFLUENCE.

relief on foreclosure, 443, 444.

UNITED STATES LOAN COMMISSIONERS.

deed by both, in pursuance of sale held by one only, conveys no title, 104, 909.

successors may foreclose, 130.

UNKNOWN HEIRS. See UNKNOWN OWNERS, 298.

UNKNOWN OWNERS.

may be served by publication, 298.

UNLIQUIDATED DAMAGES. See DAMAGES.

USURY.

as defence in foreclosure, 411, 412.

how alleged and proved, 412-414.

to protect homestead, 414.

to whom available, 414, 415.

estoppel of mortgagor to set up, as against assiguee of mortgage in
good faith, 464.

injunction to restrain statutory foreclosure in case of, 904.
inquiry into, on reference to ascertain surplus, 868, 869.
law of place, 412-414.

no defence to contract assuming mortgage, 275.
questions of; not raised on confirmation of sale, 636.
set off on foreclosure, 456.

statutes construed strictly, 412.

stipulation for attorney's fee, 953–955.

valid mortgage made part of new usurious mortgage, 412.

when purchaser subject to mortgage, not estopped to set up, 473, 474.

VARIANCE.

between allegation and proof of usury, 412, 413.

in description of note or bond, 330, 331, 334.

in description of premises, 353, 354.

VENDOR AND PURCHASER. See also ASSIGNMENT.

answer by vendee not assuming mortgage, 382.

assumption of mortgage. See ASSUMPTION.

defect in, or failure of title, as defence on foreclosure, 524–527. defence of payment by assumption of prior mortgage against subsequent assignee of purchase money mortgage, 486, 487.

equitable mortgage; deposit of title deeds, 319.

false representations; as to extent and boundaries of land, 437, 438. as defence in foreclosure, 437, 438.

by purchaser assuming mortgage, 435, 436.

by vendor; defence in foreclosure of purchase money mortgage, 434, 438.

fraud; as to number of acres; defence in foreclosure, 436, 437. innocent purchasers; relieved by satisfaction procured by, 493. mistake; as defence in foreclosure, 438-443.

correction as against subsequent vendee; foreclosure, 439. purchase money mortgage; fraud; relief, 319, 430, 431, 433, 434. defence on foreclosure, 319, 430, 431, 433, 434.

purchaser; from mortgagor, may set up usury as defence in fore

closure, 415.

from both mortgagor and mortgagee, takes whole title, 309.
intermediate; having assumed mortgage, personally liable, 285.
not having assumed mortgage, not liable, 286.
not liable for mortgage debt, unless he actually assumes

it, 274.

References are to Pages.

GENERAL INDEX.

VENDOR AND PURCHASER-Continued.

1153

purchaser of mortgaged premises, not liable for deficiency, 266.
otherwise in New Jersey, 268.

the rule in New York, 269.

purchaser; subject to mortgage; complaint; decree for deficiency, 349, 350.

denial of assumption, 498, 499.

estoppel against, 471-474.

purchaser; under land contract with mortgagor, a necessary defendant, 144.

VENUE.

action brought in improper county, 23.

change of, 23.

inconvenience of witnesses no obstacle, 24.

motion for, 23.

before answer, 24, 25.

not authorized by provisions as to adjournment, 557, 558.
when made, 24.

debt payable in one county; land in another, 22.

provision of New York code, 21, 22.

in New York, where land within the state, 21.

place of holding reference to compute amount due, 547, 548.
where the land lies out of the state, 25.

VERDICT.

omission to set out note and bond cured by, 332. VOLUNTARY APPEARANCE.

WAIVER.

See APPEARANCE.

of forfeiture, by extension of time for payment of installment, 318. WASTE.

as affecting right of appointment of receiver, 791.

as ground for appointment of receiver, 788-799.

WIDOW. See also DowER; HUSBAND AND WIFE; HOMESTEAD. dower; admeasured; in premises mortgaged by husband alone, 161.

WIFE.
WILL.

when barred by foreclosure, 343.

must be served with summons, 163, 164.

not a necessary defendant, where she accepts a devise or bequest made in lieu of dower, 162.

of mortgagor, or owner of equity of redemption, a necessary defendant, 159.

omitted as a defendant; can not maintain ejectment, 162.

may redeem, 161.

who did not sign mortgage, not a proper defendant, 230.

See DOWER; HUSBAND AND WIFE; HOMESTEAD; WIDOW.

costs on foreclosure; right of devisees to have taxed, 962.
devisees; may set up usury as defence in foreclosure, 414.

of persons liable for deficiency, must be sued therefor, separ-
ately from foreclosure, 262, 263.

WILL-Continued.

equitable conversion; as affecting character of surplus, 829. legacies; distribution of surplus; priority of judgment liens, 847. parties; devisees. See PARTIES.

surplus; judgment for deficiency against executors, etc., 863.

action against heirs or devisees, 863.

WISCONSIN.

foreclosure in; necessity of averring proceedings at law, 240. WITNESSES.

evidence on reference to compute amount due, 537, 538.
on reference; to ascertain surplus; signing testimony, 873.
to compute amount due; testimony need not be signed, 538
husband and wife competent for each other, 534.
See DEFINITIONS.

WORDS AND PHRASES.

WRIT OF ASSISTANCE.

to put purchaser at foreclosure sale into possession, 694, 695, 714–720. WRIT OF ENTRY.

nature and use of, 5.

WRIT OF ERROR.

lis pendens; when effective, 363.

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