Contract and Statutory Liens in California and Their Enforcement ...Bancroft-Whitney, 1903 - 1089 páginas |
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Página 16
... paid for at the time of the transfer , the transferee having actual notice of that fact , is postponed to a purchase money mortgage afterward given by the transferor to the vendor : Stanton v . Quinan , 91 Cal . 1 , 27 Pac . 517 . 7 Van ...
... paid for at the time of the transfer , the transferee having actual notice of that fact , is postponed to a purchase money mortgage afterward given by the transferor to the vendor : Stanton v . Quinan , 91 Cal . 1 , 27 Pac . 517 . 7 Van ...
Página 27
... paid by him as a part of the claim secured by his own en- cumbrance.5 .... " One who has a lien inferior to another ... Paid by Him : See Civ . Code , sec . 2876 . Illustrations . - Sums paid by a mortgagee to extin- guish a reclamation ...
... paid by him as a part of the claim secured by his own en- cumbrance.5 .... " One who has a lien inferior to another ... Paid by Him : See Civ . Code , sec . 2876 . Illustrations . - Sums paid by a mortgagee to extin- guish a reclamation ...
Página 31
... paid : Guy v . Du Uprey , 16 Cal . 195 , 76 Am . Dec. 518 ; Brown v . Rouse , 125 Cal . 645 , 651 , 58 Pac . 267 . s Without Actual Notice of the Encumbrance.- Mere constructive notice of the existence of the in- ferior encumbrance ...
... paid : Guy v . Du Uprey , 16 Cal . 195 , 76 Am . Dec. 518 ; Brown v . Rouse , 125 Cal . 645 , 651 , 58 Pac . 267 . s Without Actual Notice of the Encumbrance.- Mere constructive notice of the existence of the in- ferior encumbrance ...
Página 40
... paid by the executor or administrator in the course of adminis- tration , and is not enforceable by execution . But this provision is not inconsistent with the continu- ance of the lien ; and within the provision itself lies , as we ...
... paid by the executor or administrator in the course of adminis- tration , and is not enforceable by execution . But this provision is not inconsistent with the continu- ance of the lien ; and within the provision itself lies , as we ...
Página 42
... be subsisting liens or encumbrances on the homestead , the claims secured thereby must be presented and allowed as other claims against the be paid proportionately with other valid claims against the estate 42 § 23 EFFECT ON ENCUMBRANCES .
... be subsisting liens or encumbrances on the homestead , the claims secured thereby must be presented and allowed as other claims against the be paid proportionately with other valid claims against the estate 42 § 23 EFFECT ON ENCUMBRANCES .
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Contract and Statutory Liens in California and Their Enforcement: The Law of ... Charles M. Bufford Sin vista previa disponible - 2017 |
Contract and Statutory Liens in California and Their Enforcement: The Law of ... Charles M. Bufford Sin vista previa disponible - 2017 |
Términos y frases comunes
action to foreclose adjudication agreement amended amount applied assignment attachment Bank bankruptcy court bona fide purchaser brance Civil Code Civil Procedure claim Code Civ Code of Civil commenced contract conveyance court of equity debt deemed deficiency judgment discharge effect March encumbered property encumbrance encumbrancer enforce entitled equity erty execution extinguished filing foreclosure action gage held holder homestead immovable property insolvent interest judgment debtor jurisdiction land lienor maritime liens mechanic's lien ment mort mortgaged property mortgagor movable property mortgage necessary party notice obligation secured owner paid payment person plaintiff pledged property pledgor possession proceedings proceeds prop purchase money recorded redeem redemption redemptioner satisfaction secured creditor secured demand secured obligation sell sheriff sold Stats statute Subdivision subsequent thereof tion transfer trust deed trustee in bankruptcy valid vendee vendor void
Pasajes populares
Página 88 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication.
Página 190 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Página 106 - That all conveyances, transfers, assignments, or incumbrances of his property, or any part thereof, made or given by a person adjudged a bankrupt under the provisions of this Act subsequent to the passage of this Act and within four months prior to the filing of the petition, with the intent and purpose on his part to hinder, delay, or defraud his creditors...
Página 497 - C, together with the time and date when the mortgage is so endorsed; (3) An affidavit is filed with the record of such mortgage to the effect that the mortgage is made in good faith and without any design to hinder, delay, or defraud any existing or future creditor of the mortgagor or any lienor of the mortgaged vessel...
Página 547 - Except as to railroad and other quasi public corporations, in case of debt so secured, the value of the property affected by such mortgage, deed of trust, contract, or obligation, less the value of such security, shall be assessed and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof...
Página 117 - The value of securities held by secured creditors shall be determined by converting the same into money according to the terms of the agreement pursuant to which such securities were delivered to such creditors or by such creditors and the trustee, by agreement, arbitration, compromise, or litigation, as the court may direct, and the amount of such value shall be credited upon such claims, and a dividend shall be paid only on the unpaid balance.
Página 370 - The delivery must be made of the property; the vendee must take the actual possession; that possession must be open and unequivocal, carrying with it the usual marks and indications of ownership by the vendee. It must be such as to give evidence to the world of the claims of the new owner.
Página 614 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real . estate or personal property ; which action must be in accordance with the provisions of this chapter.
Página 980 - No lien provided for in this chapter binds any property for a longer period than ninety days after the same has been filed, unless proceedings be commenced in a proper court within that time to enforce the same...
Página 140 - ... is conclusively presumed if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the successors in interest of such creditors, and against any persons on whom his estate devolves in trust for the benefit of others than himself,...