A Treatise on the American Law of Real Property (Volume 2) (Paperback)

This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1876. Not illustrated. Excerpt: ... Tided it do not occasion to the mortgagor unreasonable additional expense and trouble to that of furnishing it upon the mortgaged premises. It should be at a reasonable place for both parties.1 Where the condition was for the support of the grantor by the grantee upon the granted premises, it did not imply that the grantor was to receive this in the family and at the table of, the grantee, although he lived in fact upon the premises.2 If the support to be furnished be to others than the mortgagee, and they survive him, his executors or administrators are the parties to enforce the mortgage for the benefit of such survivors.8 And if there be a breach of condition by failure to furnish such support, equity will allow the mortgagor or his assigns to redeem by paying in money an equivalent for the support thus withheld.4 SECTION n. MORTGAGES, "WITH POWERS OP SALE. 1. Such mortgages now held valid. 2. The mortgagee trustee for mortgagor. 3. Such a power is coupled with an interest. 4. And passes by assignment. 5,6. How it may be executed. 7. Mortgagee, if a trustee, cannot be purchaser. 8. Power of sale works no other chauge in a mortgage. 9. No redemption after a sale. 10. Power of sale extinguished by payment of the debt. 11. Of trust deed, with powers of sale. 1. It is now well settled that a mortgage may be made with a power of sale in the mortgagee, in case the debt 1 Wilder v. Whittemore, 15 Mass. 262; Pettee t. Case, 2 Allen, 546; Thayer -. Richards, 19 Pick. 898; Fiske v. Fiske, 20 Pick. 499; Flanders v. Lamphear, lap. 1 Hubbard v. Hubbard, 12 Allen, 590. Marsh v. Austin, 1 Allen, 235; Gibson v. Taylor, 6 Gray, 810; Holmes v. Fisher, 13 N. H. 9. Wilder -. Whittemore, 15 Mass. 262; Fiske v. Fiske, 20 Pick. 499; Austin v. Austin, 9 Vt. 420; Be...