See, also, Coleman v. Duke of St. Albans, 3 Ves. Jr. 25; Gresley v. Adderly, 1 Swanst. 573. The American cases sustain the rule that, so long as the mortgagor is allowed to remain in possession, he is entitled to receive and apply to his own use the income... Atlantic Reporter - Page 2091889Full view - About this book
| 1884 - 550 pages
...mortgagor or purchaser of the equity of redemption is entitled to the rent. Long v. Wade, 70 Me. 858. "So long as the mortgagor is allowed to remain in...use the income and profits of the mortgaged estate. He is not liable for rent. His contract is to pay interest and not rent." Jones Mortg.,§ 670. In Re... | |
| 1885 - 550 pages
...Cruse, S C. i P. 540. (M) Pool v. Morris, 29 Ga. 375 (1859). The American coses sustain the rule that as long as the mortgagor is allowed to remain in possession...entitled to receive and apply to his own use the income aud profits of the mortgaged estate; and although the mortgagee may have the right to take possession... | |
| Virginia. Supreme Court of Appeals - 1881 - 988 pages
...now well settled that so long as the mortgagor is permitted to remain in possession of the property, he is entitled to receive and apply to his own use,...the income and profits of the mortgaged estate. And this is true although the mortgage by its terms covers the rents and profits, and although the creditor... | |
| Leonard Augustus Jones - 1882 - 890 pages
...period allowed for redemption, may be waived by a stipulation in the mortgage to^the contrary.2 670. So long as the mortgagor is allowed to remain in possession...his own use the income and profits of the mortgaged estate.3 He is not liable for rent. His contract is to pay interest and not rent. Although the mortgagee... | |
| United States. Supreme Court - 1884 - 888 pages
...Adderly, 1 Swanst. 573. The American cases sustain the rule that so long as the Opinion of the Court. mortgagor is allowed to remain in possession, he is...income and profits of the mortgaged estate ; and, although the mortgagee may have the right to take possession upon condition broken, if he does not... | |
| United States. Supreme Court - 1884 - 732 pages
...Oresley 7. Adderley, 1 Swanst. 573. * The American cases sustain the rule that so long as the'mortgagor is allowed to remain in possession he is entitled...the income and profits of the mortgaged estate; and, although the mortgagee may have the right to take possession upon condition broken, if he does not... | |
| 1884 - 1022 pages
...agreement in writing to reconvey upon the payment of the debt. The American cases sustain the rule that as long as the mortgagor is allowed to remain in possession...entitled to receive and apply to his own use the income aud profits of the mortgaged estate ; and although the mortgagee may have the right to take possession... | |
| 1885 - 548 pages
.... 673. The American cases sustain the rule that во long as the mortgagor is allowed to remain iu possession he is entitled to receive and apply to his own use the income aud profits of the mortgaged estate, and although the mortgagee may have the right to take possession... | |
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