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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. "
The California Practice Act: Being an Act Entitled "An Act to Regulate ... - Page 169
by California - 1860 - 368 pages
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

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...
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The Code of Civil Procedure of the State of New-York

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, from doing...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...§ 898. A mortgage of real property is not to be deemed a conveyance, so as to enable the owner cf 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, from doing...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...JJjJJJgfJ; not veyance, whatever its terms, so as to enable the owner of the mort- conveyance, gage to recover possession of the real property, without a foreclosure and sale. SEC. 261. The court may, by injunction, on good cause shown, re- Court may •>' •> •> restrain...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

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, and the failure...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...if any unnecessary injury be done to the property, he shall L«e liable therefor. Акт. 994, Sec. eaving them, between the hours of eight in Акт. 995, Sec. 261. The court may, by injunction, on good cause shown, restrain the party in possession...
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The Revised Code of the District of Columbia

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...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...The order shall describe the property, and a copy thereof shall be served on the owner or occupant ; and thereupon such party may enter upon the property,...the real property without a foreclosure and sale. 261. The court may, by injunction, on good cause shown, restrain the party in possession from doing...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1858 - 320 pages
...The order shall describe the property, and a copy thereof shall be served on the owner or occupant ; and thereupon such party may enter upon the property,...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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 9

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...
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