A Treatise On The Law And Practice Of Foreclosing Mortgages On Real Property And Of Remedies Collateral Thereto With Forms Vol 2 Of 2

Excerpt from A Treatise on the Law and Practice of Foreclosing Mortgages on Real Property, and of Remedies Collateral Thereto, With Forms, Vol. 2 of 2 Not only have new questions arisen and been discussed since the publication of the Enlarged Edition - such as the right of mortgagees Of riparian lands to the strip Of land bordering upon the water, reclaimed by filling-in but some questions upon which the authorities were at that time con flicting, have been settled, - such as the question whether the heirs and devisees Of parties originally liable for the mortgage debt are necessary parties and some heretofore established principles have been overturned, - such as the doctrine as to the responsibility for the loss in case of embezzlement by a receiver appointed of rents and pro fits pending foreclosure. The Old doctrine, as set forth in the text books and reports, is that the loss should fall on the mortgagor; the new rule3 is that where the mortgagee secures his own agent to be appointed, and that agent embezzles the funds, the loss falls on the mortgagee. The question Of whether money necessarily expended to redeem the mortgaged property from a tax-sale becomes a part of the mortgage debt, to be repaid on redemption, or whether the transaction is a new purchase Of a lien upon the estate and is independent Of the mortgage, is discussed, the authorities carefully analyzed and found to sustain the posi tion that money thus paid out is to be repaid on redemption.' About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.