[REFERENCES ARE TO PAGES.]

MORTGAGES-Cont'd.

oral, 1178.

obligation secured, nonexisting debt, 1188.

pre-existing debt, 1183.
description, 1184.

future advances, 1185, 1186.

change in amount, 1188.

indemnity to surety, 1188.

mortgagor's personal liability, 1189, 1275.

support of another, 1189.

illegality, 1190.

partial illegality, 1191.

usury, 1192.

of land, includes trees and crops, 525.

includes fixtures, 543, 547, 1173.

growing trees, 530.

crops to be planted, 1174.

Improvements, 1171.

chattels, subsequent annexation to land, 542.
leasehold, covenants running with land, 1215.

relation not fiduciary, 1198.

right to possession of land, 1199.

by agreement, 1200.

rents and profits, right to, 1201.

accounting by mortgagee, 1202.
receiver for, 1201.

lease of premises, before mortgage, 1204.
after mortgage, 1204.

attornment by tenant, 1205.
expenditures by mortgagee, 1206.
repairs and improvements, 1206.
insurance, by mortgagor, 1207.
by mortgagee, 1209.

waste, remedies of mortgagee, 1211.

mortgagor, 1213.

mortgagor is owner of land, 1167, 1194.

personal liability, 1189, 1276.

may convey or devise land, 1194.

consort entitled to dower or curtesy, 434, 445, 447, 1198.

interest liable to execution, 1195.

ejectment by, 1197.

right to possession of land, 1199.

right to rents and profits, 1201.

possession not adverse to mortgagee. 1011.

[REFERENCES ARE TO PAGES.]

MORTGAGES-Cont'd.

lease of land by, 1204.

insurance by, 1207.

injuries to land by, 1211.

remedies for injuries to land, 123.
mortgagee, as bona fide purchaser, 1174.

as purchaser for value, 1184.
collateral advantage to, 1192.

has legal title in some states, 1167, 1196.
ejectment by, 1196.

not trustee of mortgagor, 1198.

purchasing at tax sale, 1198.

purchasing outstanding title, 1199.

right to possession of land, 1199.

accounting for rents and profits, 1202.
annual rests in accounting, 1203.

expenditures by, 1205.

allowance for personal services, 1206.

repairs and improvements by, 1206.

insurance by, 1209.

injuries to land by, 1213.

remedies for injury to land, 1211.

formal discharge by, 1239.

death of, 1264.

not affected by subsequent record of instrument, 1088.
possession not adverse to mortgagor, 1012.

transfer of mortgaged land, right to make, 1194, 1214.
to mortgagee, 1215.

transferee of land, assumption of mortgage o 1216, 1219.
as principal debtor, 1218.

release by mortgagee, 1221.

right to question mortgage, 1221.

transfer of part of land, residue primarily liable, 1228.

inverse order of alienation, 1223.

descent of mortgaged land, 1215.

transfer of mortgage, express assignment, 1225, 1288.
legal conveyance, 1226.

by assignment of debt, 1226.

assignment of part of debt, 1227.

without debt, 1229.

freedom from equities, 1230.

securing negotiable note, 1231.

record and notice, 1232, 1234.

[REFERENCES ARE TO PAGES.]

MORTGAGES-Cont'd.

priorities, prior unrecorded instrument, 1174.

mortgage unrecorded, 1176.
defeasance unrecorded, 1178.

future advances, 1185, 1186.
assignees of parts of debt, 1228.

freedom of assignment from equities, 1280
unrecorded assignment, 1232, 1284.

as against mechanic's lien, 1801

judgment lien, 1314

dower right, 424.

for purchase money, superior to judgment, id
dower, 424.

payment, contribution, 1224, 1246.

exoneration, 1224, 1245.

before default, 1235.

after default, 1236.

formal discharge, 1238.

who may make, 1241.

by personal representative, 435, 1245.
subrogation of person paying, 1246.

tender, before default, 1235.

after default, 1236.

tacking of mortgages, 1242.

unsecured claims, 1244.

consolidation of mortgages, 1243.

marshaling, 1249.

agreement for collateral advantage, 1192.

redemption, equitable recognition of right, 1166, 1238.

foreclosure of right, 1167.

agreement clogging right, 1170.

enforcement of right, 1239.

bar by lapse of time, 1240.

persons entitled to redeem, 436, 1241.

amount necessary, 1242.

tacking unsecured claims, 1244.

exoneration of person redeeming, 1224, 1245.

contribution towards, 1224, 1246.

subrogation of person redeeming, 1246.

statutory right after foreclosure, 1259, 1862.

formal release or discharge, 1239.

release of part of land, 1225.

[REFERENCES ARE TO PAGES.]

MORTGAGES-Cont'd.

foreclosure, of right of redemption, 1166, 1252

accrual of right, 1253.

on nonpayment of installment, 1253.
taxes, 1254.

insurance, 1254.

sar by lapse of time, 1254, 1256.

strict foreclosure in equity, 1257.

by entry, 1258.

by writ of entry, 1259.

by equitable proceeding for sale, 1260.
parties to proceeding, 1262, 1264.

by assignee, 1263.

by personal representative, 1264.

effect of decree, 1261.

exercise of power of sale, 1267.

scire facias, 1275.

stipulation for attorney's fees, 1275.
statutory right of redemption, 1259, 1262.
powers of sale, as equitable powers, 1269.
as powers of agency, 1269.

revocation of power, 1268, 1270.
death of mortgagor, 1268, 1269.

mortgagee, 1270.

assignment, 1270.

intervening transfers, 1270.

mode of proceeding under, 1271.
purchase by mortgagee, 1272.

conveyance to purchaser, 1272.

in deed of trust, 1273.

personal liability, enforcement in foreclosure suit, 1278.
separate suit, 1276.

MORTMAIN STATUTES,

nature, 1157.

MOTIVE,

malicious, in use of land, 651, 067.

MOVABLES,

distinguished from land, 15.

MUNICIPAL CORPORATIONS

adverse possession against, 1005.

MURDER,

[REFERENCES ARE TO PAGES.]

of ancestor by heir, 1161.

of testator by devisee, 1161.

N.

NAKED POWER,

nature of, 612, 612.

NAMES,

in conveyance, 865.

NATURAL GAS,

ownership, 518.

NATURAL RIGHTS,

incident to ownership of land, 649.
as to water in stream, 655, 68%
surface water, 662.

underground water, 666.
air, 652, 687.

support of land, 668, 690.
suspension of rights, 672.
see "Easements."

NAVIGABLE WATERS,

land under, ownership, 591, 598.

access to, 597.

erections and reclamations on shore, 597.

wharves on shore, 598.

description of land as bounded by, 890.

see "Navigation"; "Tide Waters"; "WatersTM

NAVIGATION,

public rights of, 592, 826, 827.

right of landing not included, 828.

hunting not included, 828.

towage not included, 828.

●bstruction of, 826, 828.

NEGOTIABLE NOTE,