 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.  Kirchwey's Cases on the Law of Mortgage - Page 119by George Washington Kirchwey - 1917 - 764 pagesFull view - About this book
 | New York (State). Superior Court (New York), James M. Sweeny - 1871 - 790 pages
...foreclosed, and that gives liim a standing in court. But the judgment in this case does not direct a sale of the property, and the application of the proceeds to the payment of the plaintiffs debt, and of the residue, if any, to the subsequent mortgagees. But it requires such subsequent... | |
 | William A. Shinn - Bankruptcy - 1876 - 624 pages
...Court possessed jurisdiction to entertain the foreclosure proceeding, and by proper decree order the sale of the property, and the application of the proceeds to the payment of the mortgage debt. The decree to that extent is affirmed. Second. The other proceedings in this action... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1876 - 720 pages
...Legislature or of this court as a court of equity. Held, also, on a bill in equity praying for the sale of the property, and the application of the proceeds to the same trusts in another part of the city, that the vote of a majority of pewholders or members of the... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1878 - 632 pages
...the commissioner making 7 4o« the sale is the mere agent of the court. The decree directs the 54 29o sale of the property and the application of the proceeds to the "7~4sa payment of the debt, and is a sufficient warrant of authority to 51 IS! the officer to sell... | |
 | Leonard Augustus Jones - Mortgages - 1879 - 844 pages
...action judgment is rendered for the amount found due the plaintiff, and a decree is entered for the sale of the property and the application of the proceeds to the payment of the expenses of sale, the costs of suit, and the amount due the plaintiff. A judgment is entered for any... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 676 pages
...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 to take into his custody and... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 780 pages
...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 to take into his custody and... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 1004 pages
...complainants and others. There was added, it is true, a prayer for the foreclosure and sale of the mortgaged property, and the application of the proceeds to the payment of the debts received. But this latter relief was already provided for by the consent decrees entered in the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 890 pages
...complainants and others. There was added, it is true, a prayer for the foreclosure and sale of the mortgaged property, and the application of the proceeds to the payment of the debts received. But this latter relief was already provided for by the consent decrees entered in the... | |
 | Law reports, digests, etc - 1884 - 1006 pages
...subject to the mortgage; and the widow would then have been in condition to ask a sale of the balance of the property and the application of the proceeds to the payment of the mortgage, under section 1475, code of civil procedure, or in case of foreclosure, to ask that the mortgaged... | |
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