 | Law - 1890 - 548 pages
...statute, it must have come into being before the foreclosure suit was commenced; for the permission reads: "Any person who is liable to the plaintiff for the...the mortgage may be made a defendant in the action." His liability must precede the commencement of the action. It must exist as a condition of his being... | |
 | New York (State) - Law - 1880 - 832 pages
...sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of the action. § 1627. Any person, who is liable to the plaintiff for the payment of the debt secured by the mortgage, may [6] 41 debt may be made a defendant in the action : and if he has appeared, be made ' . ff ' defend-... | |
 | Austin Abbott - Civil procedure - 1883 - 602 pages
...the settled practice of courts of * The present statute is us follows: Code Civ. Pro., '•§1027. Any person who is liable to the plaintiff for the...payment of the debt secured by the mortgage, may be marie a defendant in the action; and if he has appeared, or has been personally served with the summons,... | |
 | Charles Hastings Wiltsie - Foreclosure - 1885 - 364 pages
...made only by bringing him before the court. On the other hand, it can scarcely be claimed that he " is liable to the plaintiff for the payment of the debt secured by the mortgage."2 1 Craig v. Parkis, 40 NY 181 (1869) ; Ketchell v. Burns, 24 Wend. (NY) 456 (1840); First... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...sufficient to discharge the • lebt, the expenses of the sale, and the costs of the Action. SÍ 1627. Any person, who is liable to the plaintiff for the payment of the ¡Ml secured by the mortgage, may be made a defendant in the action ; and '• lifi has appeared, or... | |
 | New York (State), Charles David Rust - 1889 - 864 pages
...sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of the action. § 1627. Any person, who is liable to the plaintiff for the...payment of the debt secured by the mortgage, may be made я defendant in the action ; and if he has appeared, or has been personally served with the summons,... | |
 | Charles Hastings Wiltsie - Forms (Law) - 1889 - 1248 pages
...be made only by bringing him before the court. On the other hand, it can scarcely be claimed that he "is liable to the plaintiff for the payment of the debt secured by the mortgage."1 In case of such a guaranty it would certainly be safe for the plaintiff to omit the guarantor... | |
 | Law reports, digests, etc - 1892 - 1172 pages
...wutcriu, and must be construed therewith. The preceding section provides that any person who is liable to plaintiff for the payment of the debt secured by the mortgage may be made a defendant in the foreclosure suit. It then déclarée that, if sucli person has appeared or lias been regularly served... | |
 | Law reports, digests, etc - 1892 - 1278 pages
...construed therewith. The preceding section provides that any person who is liable to plaintiff dir the payment of the debt secured by the mortgage may be made a defendant in the foreclosure suit. It then declares that. If sur ii person 1ms appeared or has been regularly served... | |
 | 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) - Law reports, digests, etc - 1903 - 752 pages
...1627 of the Code, which provides that any person who is liable Supreme Court, August, 1903. [Vol. 41. to the plaintiff for the payment of the debt secured...summons, the final judgment may award payment by him of any deficiency. The statute provides that the action may be brought against all the heirs jointly (Code,... | |
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Any person, who is liable to the plaintiff for the payment of the debt secured by the mortgage, may be made a defendant in the action ; and if he ha-i appeared or has been personally served with the summons, the final judgment may award payment by him... 
