ISBN: 9780217565417

John Proffatt, Paperback, English-language edition, Pub by General Books LLC Books The-American-Decisions-Cases-of-General-Value-and-Authority-Decided-in-the-Courts-of-Several-States~~Jo… Plus…

John Proffatt, Paperback, English-language edition, Pub by General Books LLC Books The-American-Decisions-Cases-of-General-Value-and-Authority-Decided-in-the-Courts-of-Several-States~~John-Proffatt General Books LLC Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Mortgagee Can Not Recover In Ejectment In New Yobk: See Swart v. '-.'--. 34 Am. Dec. 211, and note 213, where other cases are collected; and for the rule in other states see note to Jamieson v. Bruce, 26 Id. 559. The Principal Case is Cited in Dillon v. Russell, 17 Conn. 154, to the point that in Connecticut, if the mortgagor pays the debt after the law day has expired, he can not sustain an action at law against the mortgagee for the possession, but he must first get in the legal title; in Dudley v. CadvjfU, 19 Id. 228, to the point that payment of a mortgage after forfeiture does not divest the mortgagee of his legal estate, but gives only a right to compel a re- conTeyance in chancery; in Cross v. Robinson, 21 Id. 387, that payment of the debt is no extinguishment or release of the title of the mortgagee; in Munson v. Munson, 30 Id. 437, that if the mortgage was satisfied at the day, and the condition was performed, the title would revest in the mortgagor; in Rowan v. Sharpg' Stfe Mfg. Co., 33 Id. 25, that, in Connecticut, even in a court of equity, the mortgagee holding the legal title has an important advantage which he would not otherwise possess; in Burr v. Spencer, 26 Id. 163, and in -:: t:;f v. Dorley, 23 Id. 414, that a defendant in ejectment can not set up an outstanding mortgage of the plaintiff to a stranger as a defense; and in Stilet v. Homer, 21 Id. 511, to the point that the admission of an entry in an account'book, unaccompanied by testimony of the clerk who made it, where no reason is assigned for not calling him, is error. Pettibone v. Stevens. 115 COSSXCTICOT, 19.] Deltmk, In Making Assignment For Benefit Of His Creditors, can not withdraw from its operation any part of his property for the future support of himself, and therefore, where such debto...<