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" ... mortgagee, the mortgage is to be regarded as a conveyance in fee ; because that construction best secures him in his remedy, and his ultimate right to the estate, and to its incidents, the rents and profits. But in all other respects, until foreclosure,... "
Cases Argued and Adjudged in the Supreme Court of Florida - Page 736
de Florida. Supreme Court - 1855
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The Law of Mortgages, of Real and Personal Property: Being a ..., Volume 1

Francis Hilliard - 1856 - 732 pages
...the rents and profits. But in all other respects, until foreclosure, when the mortgagee becomes the absolute owner, the mortgage is deemed to be a lien...so applied, as to carry these objects into effect." 3. So it is said, " while the mortgagor, or any persons under him, are by the mortgagees permitted...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 4

Iowa. Supreme Court - 1858 - 708 pages
...the rents and profits. But in all other respects, until foreclosure, when the mortgagee becomes the absolute owner, the mortgage is deemed to be a lien...and all rules of law, whether administered in law or equity, are to be so applied, as to carry these objects into effect." Under our law, while the mortgage...
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The Law of Mortgages, of Real and Personal Property, Volume 1

Francis Hilliard - 1864 - 794 pages
...profits. But in all other respects, until foreclosure, when the mortgagee becomes the absolute qwner, the mortgage is deemed to be a lien or charge, subject...so applied, as to carry these objects into effect." 1 And in another case, " although, as between mortgagor and mortgagee, it is a transmission of the...
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A Treatise on the American Law of Real Property, Volume 1

Emory Washburn - 1864 - 776 pages
...the rents and profits. But in all other respects, until foreclosure, when the mortgagee becomes the absolute owner, the mortgage is deemed to be a lien...respects, dealt with as the estate of the mortgagor." l 26. It has accordingly been held, that a mortgagee of a reversion, subject to a widow's right of...
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Cases Argued and Decided in the Supreme Court of the State of ..., Volume 38

Texas. Supreme Court - 1874 - 728 pages
...the rents and profits ; but in all other respects, until foreclosure, when the mortgagee becomes the absolute owner, the mortgage is deemed to be a lien or charge, subject'to which the estate may be conveyed, attached, and in other respects dealt with as the estate...
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Massachusetts Reports: Cases Argued and Determined in the ..., Volume 110

Massachusetts. Supreme Judicial Court - 1874 - 632 pages
...enure. Winslow v. Merchants' Insurance Co. 4 Met. 306, 310. Unti? foreclosure, the mortgage is deemed a lien or charge subject to which the estate may be conveyed, improved, and in other respects dealt with as the estate of the mortgagor. Ewer v. Hbbbs, 5 Met. 1,...
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A Treatise on the American Law of Real Property, Volume 2

Emory Washburn - 1876 - 768 pages
...the rents and profits. But in all other respects, until foreclosure, when the mortgagee becomes the absolute owner, the mortgage is deemed to be a lien or charge, subject to which the estate may be conve}'ed, attached, and, in other respects, dealt with as the estate of the mortgagor." 8 26. It has...
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A Treatise on the Law of Mortgages of Real Property, Volume 1

Leonard Augustus Jones - 1882 - 890 pages
...the rents and profits. But in all other respects, until foreclosure, when the mortgagee becomes the absolute owner, the mortgage is deemed to be a lien...which the estate may be conveyed, attached, and in all other respects dealt 1 § 702 ; Blaney v. Bearce, 2 Me. 132. napolis & Elkridge RR Co. v. Gantt,...
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A Manual of the Law of Real Property: Including, Also, General Rules of Law ...

Charles Theodore Boone - 1883 - 566 pages
...until foreclosure, when the mortgagee becomes the absolute owner,8 the mortgage is deemed to be a lieu or charge, subject to which the estate may be conveyed, attached, and otherwise dealt with as the estate of the mortgagor.9 In equity a mortgage is regarded as a mere security,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 200

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1906 - 700 pages
...foreclosure the mortgage is deemed a iien or charge, subject to which the estate may be conveyed, improved and in other respects dealt with as the estate of the mortgagor." We cannot see that it makes any difference in principle that the easement in the present case is annexed...
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