A Treatise on the Practice in the Supreme Court, of the State of New York, in Equity Actions, Adapted to the Code of Procedure Volume 1

A Treatise on the Practice in the Supreme Court, of the State of New York, in Equity Actions, Adapted to the Code of Procedure Volume 1

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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. 1860 edition. Excerpt: ... debt and costs, and that the mortgagor, or other person who is personally liable for the payment of the mortgage, is irresponsible or-unable to pay the expected deficiency. He must also show who is in possession of the mortgaged premises, as a receiver can be appointed only when the person in possession, by himself or his tenants, is a party to the suit.6 The possession of the tenant, who is not a party to the suit, will not be disturbed by the appointment, but he will be ordered to attorn to the receiver.' So a receiver will be appointed in a suit to foreclose a mortgage on leasehold premises, and an assignee in possession of an insolvent mortgagor will be directed to pay to the receiver an occupation rent.' ' Osborn v. Heyer, 2 Paige, 342. 2 1 Barb. Ch. Pr., 660, citing Parker 11. Moore, 3 Edw., 234; Browning v. Bettis, 8 Paige, 560; Fitzhugh v. Everingham, 2 Paige, 29; Bloodgood 1: . Clark, 4 Paige, 475. 3 Chautauqua Co. Bank 11. White, 2 Seld-, 252. 4 Haggarty 1: . Pitman, 1 Paige, 298. 5 Ante, pages 386, 387. ' 1 Barb. Ch. Pr., 660; Sea Ins. Co. v. Stebbins, 8 Paige, 565; Banlr of Ogdensburgh 1: . Arnold, 5 Paige, 38. Receivers in mortgage cases, however, are allowed with great caution, and only where there is a clear inadequacy of security, or the rents have been expressly pledged for the debt; and it is laid down that the best criterion to test the inadequacy of the security is the amount of the rental.3 And in all cases, it seems, a receiver will be dispensed with if the defendant in possession gives security to account for the rents and profits, as the court may direct, in case there should be a deficiency.' If the complaint contain sufiicient grounds for the appointment of a receiver, and is sworn to, the motion...show more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236811976
  • 9781236811974