A Treatise On the Law of Judicial And Execution Sales

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This statutory foreclosure in Kew York is a proceeding in chancery, and in addition to the ordinary decree of foreclosure tlie court renders a personal judgment against the vendee of a mortgagor, upon the equitable undertaking that by virtue of his contract with the mortgagor, rests upon him to pay the amount, and which inures to the benefit of the mortgagee by subrogation, and which will thus be enforced to avoid circuity of action should tlie land not sell for the amount of the mortgage debt.... '^ § 209. AVlien the foreclosure is for interest only, or for one or more over-due installments of principal payable in install- ments, whilst others yet remain unmatured, the court will ' Fitliian v. Monks, 43 ^Mo. 502; Jjuiney v. Spcddcn, SS Mo. D9o; Shaw '. Gregoire, 41 Mo. 407.
' Fithiau v. Mouks, 43 Mo. 502.
sFithian v. Monks, 43 Mo. 502, 519, 520; Clapwortb v. Dressier, 2 Bcss- Icy, Ch. (N. J. ) G2.
^Fithian v. Monks, 43 Mo. 502; Blycr -y. Mulkolland, 2 Sandf. Cli. 47S; King V. Whitcly, 10 Paige, 405 ; Belmont v.


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