A Treatise on the Law of Mortgages and Deeds of Trust: Founded on the Laws and Judicial Decisions of the State of Illinois

Portada
Callaghan, 1903 - 621 páginas
 

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Páginas seleccionadas

Contenido

Once a Mortgage Always a Mortgage Termination of Mortgagees Title
21
Mortgage Distinguished from Assignment for Creditors 11 Conditional Sales Distinguished 12 Same Intention of Parties to Govern
24
Same Presumption from Face of Papers
25
Same Tests for Determining Character of Transaction 15 Same Existence of Debt or Loan 16 Same Previous Negotiations of the Parties 17 Same Inad...
28
Same The Rule in Cases of Doubt
29
CHAPTER II
30
Absolute Conveyance with Parol Defeasance
33
Mortgages Defectively Executed
34
Same In Actions at
35
Grounds of Equitable Jurisdiction
36
Parol Evidence Admissible
38
Presumption and Burden of Proof
39
Quantum of Evidence Required
40
What Evidence Admissible
41
Same Declarations of Parties
43
Same As to Existence of Debt
44
Rights of Grantor
46
Loss or Relinquishment of Equity of Redemption
48
Rights of Creditors of Grantor
49
Rights of Purchaser from Grantee
50
Agreement to Give a Mortgage 37 Advance of Purchase Money
52
Vendors Lien 39 Deposit of Title Deeds
57
CHAPTER IV
59
ASSIGNMENT OF MORTGA
60
Trust Deeds Not Contrary to Public Policy 42 Holder of Obligation Secured
61
Legal Title Vested in Trustee
62
Estate Remaining in Grantor 45 What Persons Competent as Trustees
64
Removal and Substitution of Trustees
66
Powers and Duties of Trustees
68
Release on Payment
70
Mortgages with Power of Sale
71
CHAPTER V
73
Mortgage of Corporate Franchises
74
Authority of Board of Directors
76
Mortgage made by Officers of Corporation
78
Tax and Insurance Clauses 69 Provision for Solicitors Fee 70 Clause of Defeasance 71 Statutory Form of Mortgage Erasures and Alterations 73 Fillin...
84
Rules for Construction of Mortgages
100
Reformation of a Mortgage in Equity
101
Same as to Mistakes of
102
Equity Will Not Create New Contract
103
Reforming Mortgage of Married Woman 79 Intervening Rights of Third Persons
104
Cancellation of Mortgages
106
CHAPTER VII
107
Undivided Interests in Land
108
Necessity of Acknowledgment 83 Who May Take Acknowledgment
109
Disqualification of Officer Taking Acknowledgment
110
Acknowledgment Taken in Another State
111
Requisites of Certificate
112
Impeaching Certificate of Acknowledgment
113
Damages for False Certificate
114
Delivery of a Mortgage
115
Constructive Delivery
116
CHAPTER VIII
117
Inchoate Title to Public Lands
135
Buildings Considered as Realty
136
CHAPTER X
138
Same Release of Homestead
140
Same PurchaseMoney Mortgage
141
AfterAcquired Title
142
Fixtures
144
Rules for Determining Fixtures
145
Improvements on the Land
147
Products of the Soil
148
Accretions
149
Rents and Profits 121 Mortgage of Both Realty and Personalty
150
CHAPTER XI
151
Effect of Description of Debt in the Mortgage
153
Future Advances
156
Mortgage by Surety or Guarantor
157
Indemnity Mortgages
158
Usury
160
Same Commissions of Broker or Agent
161
Same Interest on Overdue Interest 131 Same Stipulation for Attorneys Fee Taxes and Insurance
163
Same Contracts of Loan Associations
164
Same Conflict of Laws 134 Same Relief in Equity on Bill to Redeem
165
Same On Bill for Foreclosure
166
Right of Mortgagors Grantee to Plead Usury
167
Right of Junior Mortgagee to Allege Usury
169
Same Undue Influence
171
Mortgages Obtained by Duress
178
Illegality of Consideration
180
Agreement to Stop Criminal Prosecution
181
Gambling Contracts
182
Confiict of Laws
183
CHAPTER XIII
185
Contents of Record Description of Property 151 Same Statement of Amount of Debt
187
Place of Record
188
Effect of Unrecorded Mortgage
189
Record as Constructive Notice
190
Effect of Destruction of Record 156 Registration Under Land Titles
191
CHAPTER XIV
193
Subsequent Conveyance Subject to Lien
196
Lien of Mortgage as Against Equities of Third Persons
197
Priority as Against Judgment Liens
199
Priority as Between Mortgage and Mechanics Lien 162 Priority as Fixed By Date of Record
200
Same Mortgages Filed the Same
201
Priority of Taxes and Other Statutory Liens
203
Displacement of Mortgage Lien by Receivers Certificates
204
Postponement of Elder to Junior Lien
205
PurchaseMoney Mortgages
206
Lien of Unrecorded Mortgage
209
CHAPTER XV
210
Rights of Junior Mortgagee Paying Off Senior Mortgage
212
Doctrine of Tacking
213
174 Redemption from Elder Mortgage
214
Compelling Foreclosure of Senior Mortgage 176 Effect of Foreclosure of Senior Mortgage
215
Who May Make Assignment 180 Capacity of Assignee
221
Consideration for Assignment
225
Mode of Making Assignment
226
Assignment of Debt Without Mortgage
227
Assignment of Mortgage Without Debt
228
Constructive and Equitable Assignments
229
Assignment of Trust Notes 187 Separate Assignment of Separate Notes
231
Same Order of Payment
232
Assignment as Collateral Security 190 Successive Assignments
235
What Passes by Assignment
238
Right of Assignee to Foreclose 193 Giving Notice to Mortgagor
240
Recording Assignment 195 Assignment Subject to Equities Between Original Parties
242
Same Estoppel of Mortgagor to Defend
244
Same Exceptions to General Rule
246
Same The Act of 1901
247
Same Rule of the Federal Courts
248
Same Latent Equities of Third Persons
249
Discharge or Release of Mortgage by Assignor
250
Guaranty of Notes and Mortgage Assigned
252
CHAPTER XVII
254
Mortgaging Insured Premises Effect on Policy
256
Same Absolute Deed as Mortgage 206 Same Alienation by Foreclosure
258
Insurable Interest of Mortgagor
259
Insurance by Mortgagor for his own Benefit
260
Covenant of Mortgagor to Insure
261
Same Charging Mortgagor with Premiums
262
Same Mortgagees Equitable Lien on Policy
263
Assignment of Policy to Mortgagee
264
Effect of Making Policy Payable to Mortgagee
265
Same Adjustment of Loss
266
Special Mortgage Clause in Policy
267
TAXATION OF MORTGAGES AND OF MORTGAGED LANDS 219 Taxation of Mortgages
272
Not Invalid as Double Taxation 221 Situs of Mortgages for Purposes of Taxation
273
Same Case of State Tax on ForeignHeld Bonds
274
Same Mortgages Held by NonResidents 224 Same Mortgages in Hands of Local Agents
275
Assessment of Taxes on Mortgaged Lands 226 Relative Rank of Tax Lien and Mortgage Lien
276
Payment of Taxes by Mortgagor
277
Effect of Tax Clause in Mortgage
278
Payment of Taxes by Mortgagee
279
Tax Sale of Mortgaged Lands
281
Notice of Redemption from Tax Sale 232 Redemption or Purchase of Outstanding Tax Title
283
Suit to Set Aside Tax Sale
284
CHAPTER XIX
285
Redemption by Heir Contribution by Widow
288
Dower in Surplus on Foreclosure
289
CHAPTER XX
291
Duty to Protect Mortgagees Interests
292
SALE OR TRANSFER OF MORTGAGED PREMISES 8 252 Sale of Equity of Redemption
301
Same Mortgage Not Recorded
302
Same Covenant Against Incumbrances
303
Same Land Sold Successively in Parcels
315
Judicial Sale of Mortgaged Land
316
Partition of Mortgaged Estate
317
Condemnation of Mortgaged Land under Eminent Domain
320
Dedication of Mortgaged Property to Public
322
CHAPTER XXII
323
Release of Part of Mortgaged Property
327
Successive Partial Releases on Payment by Installments
328
Effect of Release on Junior Liens
329
Renewal by Taking New Mortgage
330
Change or Substitution of Securities
331
Extension of Time of Payment
332
CHAPTER XXIII
335
Merger of Estates in Mortgagee
341
Mortgagee Buying at Judicial Sale
342
Purchase of Mortgage by owner of Equity of Redemption
344
Equitable Rule as to Merger 292 Same Intention of Parties
345
Same Interests of Parties
346
CHAPTER XXIV
348
To Whom Payment to be Made
350
Same Agent of Mortgagee
351
Medium of Payment
352
Substitution of Securities
353
Application of Payments
354
Evidence of Payment
356
Presumption of Payment from Lapse of Time
357
Effect of Payment
358
Tender 304 Form of Satisfaction or Discharge 305 Entry of Satisfaction on Margin of Record 306 Penalty for Failure to Enter Satisfaction
362
Fraudulent or Forged Satisfaction
363
NonResident Defendant
364
Cancelling Entry of Satisfaction
365
Release of Deed of Trust
366
General Doctrine of Subrogation
367
Subrogation on Partial Payment 312 Who Entitled to Subrogation
368
The Right to Foreclose
369
Same Purchaser of Mortgaged Premises
370
Same Purchaser at Void Foreclosure Sale
371
Same Stranger Advancing Money to Pay Mortgage 316 Volunteer Not Entitled to Subrogation CHAPTER XXV
373
Same In the Federal Courts
374
The Right of Redemption
375
Laches Barring Right to Redeem
377
Constitutionality of Statutes Regarding Redemption 320 Construction of Statutes Allowing Redemption
379
What Constitutes Redemption 322 Parties Entitled to Redeem
380
Same Junior Mortgagee
383
Same Volunteer
384
Redemption by Stranger for Mortgagors Benefit
385
Amount Required for Redemption
386
Partial or Proportionate Redemption
387
Agreement to Extend Time for Redemption
390
Redemption After Foreclosure Sale
391
Same By Judgment Creditor
394
Same Railroad Mortgages 333 Same Mode of Effecting Redemption
398
Same Paying Redemption Money to Clerk of U S Court 335 Suit in Equity to Redeem
400
Same Decree Terms Costs
402
CHAPTER XXVI
404
As Between Grantees of Different Parcels
406
As Between Life Tenant and Reversioner
407
As Between Junior Mortgagees
408
CHAPTER XXVII
409
Charge for Rents and Profits
412
Allowance for Taxes and Insurance 346 Allowance for Repairs and Improvements
414
Discharge of Prior Incumbrances
416
CHAPTER XXVIII
417
Rights as Against Lessee in Possession
419
Action at Law to Recover Debt
420
Choice of Methods of Foreclosure
422
CHAPTER XXIX
424
Breach of Condition
437
Partial and Successive Foreclosures
438
Right to Anticipate Maturity of Debt
440
Same Notice of Mortgagees Election
442
Same Waiver of Forfeiture
443
Proceedings Against Estate of Deceased Mortgagor
444
LIMITATION OF ACTIONS 376 Statutory Limitation as to Foreclosures 377 Action After Debt is Barred 378 Circumstances Arresting the Statute 3...
445
Limitation in Case of Absolute Deed
448
PARTIES IN FORECLOSURE 381 General Rule as to Parties
449
Joint Mortgagees and Holders of Separate Notes
450
Mortgagees Successor in Interest 384 Representatives of Deceased Mortgagee
451
Parties
452
Corporation and Stockholders
453
Subsequent Purchaser from Mortgagor
454
When Mortgagor not a Necessary Party
455
Tenants in Possession 392 Adverse Claimants
456
Assignee in Bankruptcy of Mortgagor
457
Wife of Mortgagor
458
396 Heirs of Mortgagor
459
Junior Incumbrancers
460
Senior Incumbrancers
461
Defendants Plea and Answer
463
Pleading
464
Evidence in General
465
Proof of Debt
466
DEFENSES 406 Defenses Available to Defendant 406 Defect or Failure of Title 407 Setoff
468
APPOINTMENT OF RECEIVER 408 Grounds for Appointing Receiver 409 Where Mortgage Covers Rents and Profits 410 Appointing Receiver aft...
473
Rights and Duties of Receiver
478
Discharge of Receiver PART VIII DECREE OF FORECLOSURE
479
Decree of Strict Foreclosure
481
Same When not Proper
482
Same Cases Excepted by Statute 417 Frame of Decree of Strict Foreclosure
483
Decree of Foreclosure and Sale
484
Adjudication as to Amount
486
Terms as to Payment and Redemption
488
Personal Judgment not Proper
489
Validity and Effect of Decree
490
Review and Vacation of Decree
491
Conclusiveness of Decree
492
Lien of Decree
493
Decree for Deficiency
494
Jurisdiction
495
Same What Persons Liable
496
SALE ON FORECLOSURE 429 Formalities of Sale 430 Notice of Sale 431 Adjournment of Sale 432 Order of Sale
497
Sale in Separate Parcels
502
Married Women
504
RIGHTS OF FORECLOSURE PURCHASER 442 Title Acquired by Purchaser
510
How Affected by Errors or Reversal of Decree
512
Rights of Purchaser Under Invalid Sale 445 Rule of Caveat Emptor
513
Possession Pending Redemption
514
Deed to Purchaser
515
Recovery of Possession Under Deed
516
Same Action of Forcible Detainer 450 Same Writ of Assistance
518
FEES AND COSTS 451 Taxation of Costs 452 Allowance of Attorneys Fees 453 Stipulation in Mortgage for Attorneys Fees
521
What is a Reasonable
524
Bill Must Pray Allowance of Fees
525
Allowance of Fees to Other Incumbrancers Made Parties 457 Attorneys Fee on Foreclosure of Trust Deed
526
DISTRIBUTION OF PROCEEDS 458 Application of Proceeds to Mortgage Debt
527
Same Mortgage Notes Held by Different Persons
528
Right to Surplus 461 Application of Surplus to Junior Liens
529
CHAPTER XII
531
Notice of Sale
539
Time and Place of Sale
542
Presence of Trustee at Sale 471 Conduct of the Sale
543
Order of Sale
545
Terms of Sale
546
CHAPTER XXXII
562
Same Assignment for Creditors Under State Law 488 Jurisdiction Depending on Diverse Citizenship
563
Same Suit by Assignee
566
Jurisdiction Independent of State Statutes 491 Procedure Conforming to State Practice
568
Allowing Redemption
569
Defense of Ultra Vires and Invalidity 55 Mortgages by Railroad Companies 56 Religious Corporations
582
Loan Associations 58 Municipal Corporations 59 Consolidated Corporations
583
Defenses
585
Nature of Mortgagees Title
588
FORM AND CONTENTS OF MORTGAGES
591
Statement of Debt Secured 64 Anticipation of Time of Payment 65 Covenant for Payment of Debt 66 Habendum 67 Covenants of Title and Warranty
592
Marshalling Securities
598
Judgment
599
Restraining Commission of Waste 248 Remedy for Impairment of Security 249 Rights of Mortgagee in Possession 250 Right to Rents and Profits 251...
600
Execution
601
Infants 93 Guardians 94 Lunatics and Spendthrifts 95 Executors and Administrators
603
Partners 97 Agents and Attorneys 98 Trustees 99 Receivers 100 Joint Mortgagors and Joint Mortgagees 101 Foreign Corporations as Mortgagees 102...
604
Setting of Homestead
610
Who May Purchase 436 Combinations Among Bidders 437 Rights and Liabilities of Bidders 438 Report and Confirmation of Sale
612
Purchase by Mortgagee at his own Sale 477 Effect of Sale Under Power
617
Attorneys Fees 495 Writ of Assistance to Purchaser 496 Decree not Reviewed or Vacated by State Courts
619
Derechos de autor

Otras ediciones - Ver todas

Términos y frases comunes

Pasajes populares

Página 141 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Página 563 - ... nor shall any Circuit or District Court have cognizance of any suit except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such Court to recover the said contents if no assignment or transfer had been made...
Página 132 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Página 262 - If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore contained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached, or appended hereto.
Página 34 - The rule which excludes parol testimony to contradict or vary a written instrument has reference to the language used by the parties. That cannot be qualified or varied from its natural import, but must speak for itself. The rule does not forbid an inquiry into the object of the parties in executing and receiving the instrument.
Página 186 - Claims which for want of record or for other reasons would not have been valid liens as against the claims of the creditors of the bankrupt shall not be liens against his estate.
Página 21 - To deny the power of two individuals, capable of acting for themselves, to make a contract for the purchase and sale of lands defeasible by the payment of money at a future day, or, in other words, to make a sale with a reservation to the vendor of a right to repurchase the same land at a fixed price and at a specified time, would be to transfer to the Court of Chancery, in a considerable degree, the guardianship of adults as well as of infants. Such contracts are certainly not prohibited either...
Página 281 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Página 131 - ... he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the United States should inure, in whole or in part, to the benefit of any person except himself...
Página 307 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.

Información bibliográfica