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Home > History and Archaeology > History > Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 54
Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 54

Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 54


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ...sale shall be attended with this effect, cannot disable the officer making the sale from also stating in it whose right, title and interest in the property has in fact been sold by him. Both provisions, and all the requirements made by each of them, are entirely consistent and may be wholly as well as conveniently observed. But if they could not be, that would not result in the nullity of the last provision enacted. That is never the effect of inconsistent legislation. But the last enactment made is observed and executed, while that preceding it is regarded as repealed. The last expressed intention of the legislature is always the one to be enforced where it conflicts with others previously declared. For that reason, if the statutes could not both be enforced the provision made by the Code would be the one that, at the present time, would be obligatory. But, in fact, there is no conflict whatever in the laws upon this subject. The preceding statute requires nothing whatever to be stated in the deed upon the foreclosure sale inconsistent with this provision of the Code. And the declaration of the effect of the deed in no way prevents a statement from being made, showing whose right, title and interest has been sold. In effect, that would be the title of the mortgagor at the time of th-j execuRandell agt. Van EllerL tion and recording of the mortgage, where no different adjudication has been made by the judgment. And no difficulty can stand in the way of making such a statement in the deed. The object of the new enactment is entirely apparent. It was to preserve the symmetry of the recorded title, and dispense with the necessity of looking through the judgment record in order to ascertain the interest that has been sold under it. The enactment made by the Cod...


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Product Details
  • ISBN-13: 9781130926149
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 228
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1130926141
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 413 gr

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Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 54
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