A Selection of Cases On Mortgages

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SHACKLEFOBD.
no change of title, until the full price should be paid ; and the law an- nexes to such a sale a right in the seller to recover possession of his property upon default made, even against subsequent bona fide pur- chasers for value without notice. In reclaiming his property, therefore, \|the seller is not rescinding the contract, but is enforcing it ; and hence there is no obligation to tender back anything. He is simplj- assert- ing his legal rights, in strict accordance with the e
...xpress stipulations of the contract. What rights, if an3-, the vendee in such a contract might have in a court of chancery is not before us. Ketchum & Cum- mings V. Brennan, 53 Miss. 597; Story on Sales (3d ed.), sect. 313, and note 2 ; Benj. on Sales (Perkins's ed.), sect. 320, and note ; Baker V. Hall, 15 Ind. 277; Dunbar-w. Rawles, 18 Ind. 225 ; Sumner v. Mc- Farlan, 15 Kan. 600; Zoutchman v. Roberts, 109 Mass. 53 ; Sage v.
Sleutz, 23 Ohio, 1 ; Little v. Paige, 44 Mo. 412 ; Duncan v. Stone, 45 Vt.


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