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" Any person who is liable to the plaintiff for the payment of the debt secured by the mortgage may be made a defendant in the action; and if he has appeared or has been personally served with the summons, the final judgment may award payment by him of... "
A Treatise on the Law and Practice of Foreclosing Mortgages: On Real ... - Seite 244
von Charles Hastings Wiltsie - 1889 - 1154 Seiten
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Laws of the State of New York, Band 2

New York (State) - 1880 - 832 Seiten
...or nas been personally served with the summons, the final judgment may award payment by him of the residue of the debt remaining unsatisfied, after a...the proceeds, pursuant to the directions contained therein. actions § 1628. While an action to foreclose a mortgage upon fored0ebt rea^ Pr°Perty ^ pending,...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 Seiten
...or has been personally served with, the summons, the final judgment may award payment by him of the residue of the debt remaining unsatisfied, after a...the proceeds, pursuant to the directions contained therein. Id., H inland 154, and CoJe of Procedure, part nf J 167; Comsiock ». Drohun, 71 NY9; Campbell...
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Band 12

Austin Abbott - 1883 - 602 Seiten
...or has been personally served with the summons, the final judgment may award payment by him of the residue of the debt remaining unsatisfied, after a...the proceeds, pursuant to the directions contained therein." t The present statute is as follows: Code Civ. Pro.. " § 1628. While an action to foreclose...
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United States Reports, Supreme Court: Cases Argued and ..., Band 16;Band 106

United States. Supreme Court - 1883 - 780 Seiten
...diminished. The bill prayed a foreclosure of the rights of the mortgagor and of the judgment creditors, and a sale of the mortgaged property, and the application of the proceeds to the payment of the plaintiff's claims according to law. It also prayed the appointment of a receiver...
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Supreme Court Reporter, Band 1

United States. Supreme Court - 1883 - 676 Seiten
...diminished. The bill prayed a foreclosure of the rights of the mortgagor and of the judgment creditors, and a sale of the mortgaged property, and the application of the proceeds to the payment of the plaintiff's claims according to law. It also prayed the appointment of a receiver...
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The Supreme Court Reporter, Band 18

1899 - 986 Seiten
...holders, the residue of the Indebtedness on said certificates remaining unsatisfied after the sale of said property and the application of the proceeds pursuant to the directions contained herein; and that the complainant and the other of said certificate holders, to be ascertained as aforesaid,...
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Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Band 5

1884 - 520 Seiten
...or has been personally served with the summons, the final judgment may award payment by him of the residue of the debt, remaining unsatisfied, after...the proceeds, pursuant to the directions contained therein." Code of Civil Procedure, § 1627. Under the revised statutes (2 RS 191, § 154, replaced...
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The Pacific Reporter, Band 34

1894 - 1170 Seiten
...the amount secured by the mortgage, and to make and enter a valid decree of foreclosure, directing a sale of the mortgaged property, and the application of the proceeds to the payment of the amount so secured, including coste and expenses. It did not, however, thereby...
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Parties to Mortgage Foreclosures and Their Rights and Liabilities in ...

Charles Hastings Wiltsie - 1885 - 364 Seiten
...or has been personally served with the summons, the final judgment may award payment by him of the residue of the debt remaining unsatisfied, after a...the proceeds, pursuant to the directions contained therein."'2 of the objection to such a decree as a misjoinder of causes of action. But the Laws of...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Band 9

1885 - 896 Seiten
...diminished. The bill prayed a foreclosure of the rights of the mortgagor and of the judgment creditors, and a sale of the mortgaged property, and the application of the proceeds to the payment of the plaintiff's claims according to law. It also prayed the appointment of a receiver...
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