 The better opinion is, that after a foreclosure, with or without a subsequent sale, the mortgagee may sue at law for the deficiency, to be ascertained in the one case, by the proceeds of the sale, and in the other, by an estimate and proof of the real...  Reports of Cases at Law and in Equity, Argued and Determined in the Supreme ... - Halaman 146oleh Alabama. Supreme Court, George Noble Stewart, Benjamin Faneuil Porter - 1837Tampilan utuh - Tentang buku ini
 | James Kent - 1830 - 556 halaman
...whether tlie mortgagee had his remedy at law after a foreclosure, and without a sale of the estate. The better opinion is, that after a foreclosure with or without a suDsequSnT^aTei the mortgagee may sue at law for the deficiency, to be ascertained in the one case... | |
 | Francis Vesey, Great Britain. Court of Chancery - 1844 - 498 halaman
...motion was made for an injunction. (a) " The better opinion is," says Mr. Chancellor Kent, " that afeer a foreclosure, with or without a subsequent sale,...estimate and proof of the real value of the pledge at the time of the foreclosure." See 4 Kent, (5th ed.) 183; Amory v. Fairbanks, 3 Mass. 5(i2 ; Globe... | |
 | James Philemon Holcombe - 1846 - 376 halaman
...mortgage, and his remedy at law upon the bond or covenant concurrently. Indeed, it rs the better opinion, that after a foreclosure, with or without a subsequent...at law for the deficiency to be ascertained in the case, by the proceeds of the sale, and in the other, by an estimate and proof of the real value of... | |
 | James Kent - 1848 - 798 halaman
...whether the mortgagee had his remedy at law after a foreclosure, and without a sale of the estate. The better opinion is, that after a foreclosure, with...subsequent sale, the mortgagee may sue at law for the defsciency, to be ascertained in the one case by the proceeds of the sale, and in the other by an estimate... | |
 | Robert Henley Eden Baron Henley - 1852 - 680 halaman
...point whether the mortgagee had his remedy at law after foreclosure, and without a sale of the estate. The better opinion is, that after a foreclosure, with...estimate and proof of the real value of the pledge at the time of the foreclosure. Whether the action at law will open the foreclosure in equity, and... | |
 | James Kent - 1854 - 728 halaman
...whether the mortgagee. had his remedy at law after a foreclosure, and without a sale of the estate. The better opinion is, that after a foreclosure, with...estimate and proof of the real value of the pledge at the time of the foreclosure.6 Whether the action at law will open the foreclosure in equity, and... | |
 | James Kent - 1858 - 778 halaman
...after a foreelosure, and without a sale of the estate. The better opinion is, that after a foreelosure, with or without a subsequent sale, the mortgagee may...in the other by an estimate and proof of the real ^lue of the pledge at the time of the foreelosure. (b) Whether the action at law will open the foreelosure... | |
 | James Kent - 1866 - 786 halaman
...whether the mortgagee had his remedy at law after a foreclosure, and without a sale of the estate. The better opinion is, that after a foreclosure, with...estimate and proof of the real value of the pledge at the time of the foreclosure, (a) Whether the action at law will open the foreclosure iu equity,... | |
 | Sir John Peter De Gex, Great Britain. Court of Chancery, F. Fisher, Henry Cadman Jones - 1873 - 676 halaman
...damages at law. Pinchin v. London and Blackwall Railway Co., 5 De G., M. & G. 860; Kerr Inj. 199. 1 '• The better opinion is, that after a foreclosure, with...estimate and proof of the real value of the pledge at the time of the foreclosure." 4 Kent, 183 ; Amory v. Fairhanks, 3 Mass. 562 ; Omaly v. Swan, 3 Mason,... | |
 | James Kent - 1884 - 728 halaman
...whether the mortgagee had his remedy at law after a foreclosure, and without a sale of the estate. The better opinion is, that after a foreclosure, with...estimate and proof of the real value of the pledge at the time of the foreclosure, (a) l Whether the action at law will open the foreclosure in equity,... | |
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