 | 1916 - 1090 страница
...grantee a principal debtor, since he owes no debt, and is not personally a debtor at all, and yet, since the land is the primary fund for the payment of the debt, and so his property stands specifically liable to the extent of its value in exoneration of the bond,... | |
 | Edgar Noble Durfee - 1915 - 554 страница
...grantee a principal debtor, since he owes no debt, and is not personally a debtor at all, and yet, since the land is the primary fund for the payment of the debt, and so his property stands specifically liable to the extent of its value in exoneration of the bond,... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1920 - 832 страница
...no technical relation of principal and surety exists between the mortgagor and his grantee, still, as the land is the primary fund for the payment of...thereto and to the extent of its value the grantee stands in the relation of a principal debtor, and the grantor has an equity similar to that of the... | |
 | Walter Wheeler Cook - 1926 - 1228 страница
...• ceived why the pecuniary condition of the mortgagor should be a consideration of any importance. The land is the primary fund for the payment of the debt secured by the mortgage. The mortgagee may resort, in the first instance, to the land for payment,... | |
 | 1899 - 896 страница
...extinguishment of liens for purchase money: Mitchell v. Mitchell, 3 Md. Ch, 81, where mortgaged land descends, the land is the primary fund for the payment of the debt, though purchaser covenanted to pay it; Mount v. Van Ness, 33 NJ Eq. 266. where ancestor bought land... | |
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... surety, the terms of whose contract have been modified. We cannot accurately denominate the grantee a principal debtor, since he owes no debt, and is not personally a debtor at all; and yet, since the land is the primary fund for the payment of the... 
