Strahan's Leading Cases in Equity

Cover Strahan's Leading Cases in Equity
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Smith (1882), 20 Ch. D. 724, at p. 729).
Paragraph (2).
[The new law is contained in sect. 115 o/ tJbe L. of P.
Act, 1925. The receipt must state the name of the person repaying the loan and that the receipt is executed by the person entitled to give a receipt for the mortgage debt. Foi- form of receipt see No. 2, Third Schedule, L. of P. Act, 1925.
The effect of the receipt is simply to prove that the cesser clause in the. mortgage lease has come into operation with the consequence that the mo
...rtgagor holds the fee simple or the head lease, as the case may be, discharged of the mortgage lease or snh-lease.'] ( 382 ) CHAPTEE 4.
Right to Foreclose.
SUMMARY. .
PAGE Aeticle 139. Extent of the right to foreclose 382 „ 14:0. Interest allowed on foreclosure 383 „ 141. Jurisdiction of the court to order a sale 384 „ 142. When foreclosure is complete 385 Article 139.
Extent of the right to Foreclose.
A mortgagee can foreclose tlie mortgagor's equity of redemption without redeeming mort- gages (if any) prior, but not without foreclosing all mortgages subsequent, to his own.


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