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" Court shall direct; or the creditor may release or convey his claim to the assignee, upon such property, and be admitted to prove his whole debt. If the value of the property exceeds the sum for which it is so held as security, the assignee may release... "
The Merchants' Magazine and Commercial Review - Page 389
edited by - 1867
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Cases Argued and Determined in the Circuit and District Courts of ..., Volume 4

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1875 - 598 pages
...provides that, if the value of the property on which the lien attaches exceeds the debt secured by it, the assignee may " release to the creditor the bankrupt's...right of redemption therein on receiving such excess." Obviously this could not be done in the presIn re Dunkerson & Co. ent case, though the collaterals...
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The Century of Independence: Embracing a Collection, from Official Sources ...

John Russell Hussey - 1876 - 562 pages
...assignee, or by a sale thereof, to be made in such manner as the court shall direct ; or the creditor may release or convey his claim to the assignee upon...redemption therein on receiving such excess ; or he may sgll the property, subject to the claim of the creditor thereon ; and in either case the assignee and...
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The National Bankruptcy Register Reports: Containing All the ..., Volume 13

William A. Shinn - 1876 - 624 pages
...assignee, or by sale thereof, to be made in «such manner as the court shall direct ; or the creditor may release or convey his claim to the assignee upon...creditor the bankrupt's right of. redemption therein, upon receiving such excess ; or he may sell the property subject to the claim of the creditor thereon...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 3

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1877 - 740 pages
...a sale thereof, to be made in such manner as the court may direct; or the creditor may release and convey his claim to the assignee upon such property,...be admitted to prove his whole debt." * * * "If the property be not so sold, or released and delivered up, the creditor shall not be allowed to prove any...
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Reports of Cases Argued and Determined in the Circuit Court of ..., Volume 14

United States. Circuit Court (2nd Circuit) - 1879 - 644 pages
...assignee, or by a sale thereof, to be made in such manner as the Court shall direct ; or the creditor may release or convey his claim to the assignee upon...property, and be admitted to prove his whole debt. It then provides, that, liif the value of the property exceeds the sum for which it is so held as security,...
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The National Bankruptcy Register Reports: Containing All the ..., Volume 18

William A. Shinn - 1879 - 636 pages
...a sale thereof to be made in such manner as the court shall direct, or the creditor may release and convey his claim to the assignee upon such property,...and be admitted to prove his whole debt. ... If the property be not so sold or released and delivered, the creditor shall not be allowed to prove any part...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 2

1879 - 556 pages
...sale thereof to be made in such a manner as the court shall direct, or the creditor may release and convey his claim to the assignee upon such property,...and be admitted to prove his whole debt. * * If the property be not so sold, or released and delivered, the creditor shall not be allowed to prove any...
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The Law of Insolvency: Being the Voluntary and Involuntary Law of California ...

Jabez Franklin Cowdery - 1880 - 198 pages
...assignee, or by a sale thereof," to be made in such manner as the Court shall direct; or the creditor may release or convey his claim to the assignee, upon...security, the assignee may release to the creditor the debtor's right (a) Sec. 21, subn. 4. 12. A claim for unliquidated damages can not be set off by the...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California, Nathan Newmark - 1880 - 786 pages
...assignee, or by a sale thereof, to be made in such manner as the court shall direct; or the creditor may release or convey his claim to the assignee, upon...security, the assignee may release to the creditor the debtor's right of redemption thereon on receiving such excess; or he may sell the property, subject...
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Pacific Coast Collection Laws: A Summary of the Laws of California, Nevada ...

Jonathan Henry Jellett - 1880 - 394 pages
...assignee, or by a sale thereof, to be made in such manner as the Court shall direct; or the creditor may release or convey his claim to the assignee, upon...security, the assignee may release to the creditor the debtor's right of redemption thereon on receiving such excess; or he may sell the property, subject...
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