Selected Cases On Real Property Selected And Arranged for Use in Connection Wit
Selected Cases On Real Property Selected And Arranged for Use in Connection Wit
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They then, as it seems, fixed the outside limit at $900. The same thing can be done now as well as then. Possibly $900 may be considered an equitable limit, beyond which the plaintiff may not claim in this case. As other circumstances may exist which will materially affect the general question, we will not consider the question further on this demurrer. Regarding the convey- ance as a mortgage, as we do, there is no foundation for the claim that an entry for a breach of the condition is essenti...al. An entry is essential when the grantor would divest the grantee of his title for a breach of a condition. This is an action by the grantee, in whom the title is, not to enforce a forfeiture, but to foreclose an equity of redemption, unless the grantor, within a reasonable time allowed him therefor, pays the damage sus- tained by a breach of his agreement. The court of common pleas is advised to overrule the demurrer. The other judges concur. Mortgagor's Possession at Common Law — Right to Sell Timber.
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