This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1920 edition. Excerpt: ...performance. The loss in
such case falls on the vendee. MORTGAGE FORECLOSURE--Nece88a/I1
Additional Parties-ProPcents'lV Brought in. In a foreclosure suit,
where parties defendant are lawfully litigating their rights, which
are subordinate to those of the Plaintiff m01'gBgee, and the proper
determination of those subordinate rights necessitates the presence
of additional parties, the trial court or judge should order such
other parties to be brought in, and the rights or pretensions of
such additional parties in the property in question may properly be
adjudicated in the same action. W1I..L--E.rccutr'a: 's Power to
Sell Real Estate. A testator may lawfully clothe his executrix with
power to sell real estate without the necessity of receiving the
sanction of the probate court as a prerequisite to such sale. SAM
-: --Rights of Purchasers from Ezecutriz. Purchasers of property
from an executrix are not bound to inquire into her powers beyond
ascertaining that a duly probated will empowers her to sell; they
may deal with her in full confidence. If she transcends her
authority, or fails properly to account for the proceeds, she is
responsible to heirs, devisees, or creditors, but the vendees
without notice of her improper conduct are not affected.
MOR'l'GAGEs--Debt Due in Default of Payments at Holder's Option.
Where a debt is secured by a mortgage on realty, and the note
evidencing the debt merely provides that default in the payment of
principal, interest or taxes shall, at the holder's option, mature
the whole debt, the debt is not absolutely due at the first default
of interest. The mortgagee may refrain from exercising his option,
and payments of interest on the mortgage debt may later be lawfully
made by the executrix of th
|Country of origin:
Kansas Supreme Court
||246 x 189 x 19mm (L x W x T)
||Paperback - Trade
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