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Teal Vs. Walker

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  • US Supreme Court
  • Apr 07, 1884

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  1. American Bridge Company Vs. Heidelbach US Supreme Court · Jan 01, 1876
  2. Railroad Company Vs. Lockwood US Supreme Court · Jan 01, 1873
  3. U.S. 242 (1884) U.S. Supreme Court Teal v. Walker
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  4. U.S. 242 (1884) Teal v. Walker
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  5. if accompanied by a separate contemporaneous agreement in writing to reconvey upon the payment of the debt. Nugent v. Riley
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  6. Wilson v. Shoenberger
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  7. Dow v. Page
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  8. Bayley v. Bailey
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  9. Lane v. Shears
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  10. Friedley v. Hamilton
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  11. Shaw v. Erskine
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  12. at least, on default in the payment of the note of Goldsmith, to the possession of the mortgaged premises. Keech v. Hall
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  13. Rockwell v. Bradley
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  14. Smith v. Johns
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  15. Jackson v. Dubois
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  16. Furbush v. Goodwin
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  17. Howard v. Houghton
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  18. Hart v. Stockton
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  19. Ely's Lessee v. McGuire
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  20. of redemption the rents and profits of the mortgaged premises until he takes actual possession. In the case of Moss v. Gallimore
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  21. to place himself, to every intent, in the same situation toward them as the mortgagor previously occupied. Rawson v. Eicke
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  22. Burrowes v. Gradin
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  23. between him and the lessee, he cannot proceed, either by distress or action, for the recovery of the rent. Mayo v. Shattuck
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  24. Watts v. Coffin
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  25. McKircher v. Hawley
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  26. Sanderson v. Price
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  27. Price v. Smith
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  28. Green's Ch. (N.J.) 516. The case of Moss v. Gallimore
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  29. to apply to a mortgagor or the vendee of his equity of redemption. Lord Mansfield himself, in the case of Chinnery v. Blackman
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  30. Although the mortgagee may assume possession by ejectment at his pleasure, and, according to the case of Moss v. Gallimore
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  31. So, in Higgins v. York
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  32. and the same judge said in the case of Mead v. Lord
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  33. Admitting the decision in Moss v. Gallimore
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  34. Colman v. Duke
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  35. Gresley v. Adderley
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  36. he cannot claim the rents. If he wishes to receive the rents, he must take means to obtain the possession. Wilder v. Houghton
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  37. Boston Bank v. Reed
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  38. Noyes v. Rich
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  39. Me. 115. In Hughes v. Edwards
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  40. was not accountable for any part of the debt beyond the amount for which the land was sold. In the case of Gilman v. Illinois
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  41. So in Kountze v. Omaha
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  42. See also Hutchins v. King
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  43. Kent Com. 157. See also American Bridge Company v. Heidelbach
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  44. Clarke v. Curtis
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  45. Bank of Ogdensburgh v. Arnold
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  46. Hunter v. Hays
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  47. Foster v. Rhodes
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  48. a foreclosure and sale according to law. This provision of the statute cuts up by the roots the doctrine of Moss v. Gallimore
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  49. support. This is recognized by the Supreme Court of Oregon as the effect of a mortgage in that state. In Besser v. Hawthorn
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  50. this class of contracts that the mortgagor retains the right of possession and the legal title.' See also Anderson v. Baxter
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