 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...treble damages assessed therefor. § 191. A mortgage on real property shall not be deemed a conveyance, so as to enable the owner of the mortgage, to recover possession of the real property without a foreclositre. TITLE XIV. Provisions relating to^existing suits. § 192. An appeal, may be taken from... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...property, he is liable therefor. § 898. A mortgage of real property is not to be deemed a conveyance, so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure. § 899. The court may, by injunction, on cause shown, restrain the party in possession,... | |
 | Oregon - Law - 1855 - 670 pages
...action. ntoreu ' ^ mortgage of real property shall not be deemed a conno^ opreu VOj.ancC) go ag to enab]e the owner of the mortgage to recover possession of the real property without a foreclosure and sale according to law. st«y of pro- SBC. 14. When in case of a lease of real property,... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...any unnecessary injury be done to the property, he shall L«e liable therefor. Акт. 994, Sec. 260. g them, between the hours of eight in a foreclosure and sale. Акт. 995, Sec. 261. The court may, by injunction, on good cause shown, restrain... | |
 | District of Columbia - Law - 1857 - 788 pages
...commencement of the action. SEC. 10. A mortgage of real property shall not be deemed a conveyance, so as to enable the owner of the mortgage to recover...possession of the real property without foreclosure and a sale according to law. SEC. 11. When, in case of a lease of real property and the failure of the... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...measurements ; but if any unnecessary injury be done to the property, he shall be liable therefor. 260. A mortgage of real property shall not be deemed a...to recover possession of the real property without a foreclosure and sale. 261. The court may, by injunction, on good cause shown, restrain the party... | |
 | California. Supreme Court - Law reports, digests, etc - 1858 - 822 pages
...effect than the New York statute, is embodied in our Practice Act. Section 260 reads as follows: " A mortgage of real property shall not be deemed a...the owner of the mortgage to recover possession of tho real property without a foreclosure and sale." This section takes from the instrument its common... | |
 | California - Civil procedure - 1858 - 320 pages
...measurements ; but if any unnecessary injury be done to the property, he shall be liable therefor. 260. A mortgage of real property shall not be deemed a...conveyance, whatever its terms, so as to enable the owner ofthe mortgage to recover possession of the real property without a foreclosure and sale. 261. The... | |
 | California. Supreme Court - Law reports, digests, etc - 1858 - 744 pages
...that the different provisions of our statutes, when taken together, settle this question. The Code provides " that a mortgage of real property shall not be deemed a conveyances, whatever its terms, so as to enable the owner of the mortgage to recover possession of... | |
 | James De Fremery - Mortgages - 1860 - 118 pages
...the act of April 29, 1851, to regulate proceedings in civil cases, provides expressly (sec. 260) d that " a mortgage of real property shall not be deemed...to recover possession of the real property without a foreclosure and sale." § 64. The form of the mortgage deed is generally the same as that of an ordinary... | |
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A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale. 
