 | Law reports, digests, etc - 1899 - 1156 pages
...give the grantee the right of possession of the property, in view of Code. § 261, which provides that "a mortgage of real property shall not be deemed a...enable the owner of the mortgage to recover possession 1 For corrected opinion, see 58 Рас. lit. of the real property without foreclosure and eale." 2.... | |
 | Law reports, digests, etc - 1915 - 1230 pages
...provisions of this chapter." By section 576 of the Civil Practice Act (Rev. Laws, § 5518) it is provided: "A mortgage of real property shall not be deemed a...terms, so as to enable the owner of the mortgage to take possession of the real property without a foreclosure and sale." Under the provisions of this... | |
 | Law reports, digests, etc - 1898 - 1174 pages
...(2 Hill's Ann. Code, 8 539) declares: "A mortgage of real property shall not be deemed a conveyance Ϯ ڬ A ڦ>pk LJ / =? l =n>g '~ n t .../ /Z} = _ { O >s ų m { ? 4 g z <: @`N according to law." It is an elementary principle that in ejectment the plaintiff must recover on the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 732 pages
...Laws Or. 1843-1872, which declares that "a mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover...of the real property without a foreclosure and sale according to law. This provision of the statute cuts up by the roots the doctrine of Moss v. Qallimore,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 888 pages
...statute of Oregon which provides that " a mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover...of the real property without a foreclosure and sale according to law," establishes absolutely the rule that a mortgagee is not entitled to the rents and... | |
 | Law reports, digests, etc - 1887 - 956 pages
...— EJECTMENT— EVIDENCE. Although Code Civil Proc. Mont. | 359. provides that "a mortgage of realty shall not be deemed a conveyance, whatever its terms, so as to enable the mortgagee to recover possession of the realty without foreclosure and sale." yet where the mortgagor,... | |
 | Utah - Law - 1884 - 666 pages
...therefor. A mortgage SEC. 626. A mortgage of real property shall not be deemed a con- „ , •> ' . must not be deemed a conveyance, whatever its terms, so as to enable the ve 5 ance, what- owner of the mortgage to recover possession of the real " lts Krms ' property without... | |
 | Law reports, digests, etc - 1889 - 960 pages
...of bargain and sale, and declares that the mortgage shall not be deemed a conveyance, "whatever it terms," so as to enable the owner of the mortgage to recover possession without foreclosure and sale. It declares a distinct public policy that the mortgagee shall not recover... | |
 | Law reports, digests, etc - 1885 - 896 pages
...least, may be to " any other person." So section 744 of the Code of Civil Procedure provides "that a mortgage of real property shall not be deemed a...the real property without a foreclosure and sale." Under this provision conveyances absolute in form, without any instrument of defeasance, if made to... | |
 | Law reports, digests, etc - 1885 - 956 pages
...possession; and no right thereto might ever accrue. Section 263 of Dawson's Code reads as follows : "A mortgage of real property shall not be deemed a...to recover possession of the real property, without foreclosure and sale, and the fact of a deed being •a mprtgage in effect may be proved by oral testimony;... | |
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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. 
