Volume 96, Page 242 View pdf image (33K) |
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242 JOURNAL OF PROCEEDINGS [Feb. 7 or leasehold interest at any sale under or by virtue of said mortgage, deed or other instrument, but such crops shall be and remain the property of the said debtor or those claiming under him, subject however to the lieu mentioned in the next section. 27. After any sale mentioned in the preceeding sec- tion, the said debtor or those claiming under him, and the purchaser at such sale, or those claiming under him, may agree upon a reasonable rental of the part of said real estate or leasehold interest occupied by the said • crops, and the said rental so agreed upon shall be and remain a lien upon the said crops until paid in favor of said purchaser, or those claiming under him, nor shall the same, or any part thereof, be removed until after payment. In case the said parties are unable to agree upon or fix such rental, either party, or any other party in interest, may apply to the Court having jurisdiction over said sale, or the confirmation thereof, for the ap- pointment of disinterested appraisers to determine said rental, whose word shall be final. 28. The purchaser mentioned in the preceding section, or those claiming under him shall, in addition to his other remedies have the right to restrain for the said rental , or any part thereof remaining due, as in the case of landlord and tenant, upon the ascer- tainment thereof as proved in the, preceding section; provided, however, that nothing contained in this section, or in sections 26 and 27 of this Article, shall be tkken to interfere with the right of the said purchaser or those claiming under him to have possession of the said real estate or leasehold interest as heretofore, except as to the part thereof occupied by the said crop or crops with right of necessary ingress and egress; provided further, that this Act shall not apply to existing mort- gages, deeds or instruments as aforesaid” AMENDMENT TO AMENDMENT PROPOSED. Amend by striking out from the amendment the word "section” in line 3 of said amendment, and inserting in lieu thereof the word "follows." FURTHER AMENDMENT PROPOSED. Amend title by striking out from the word "add” to the end of the title, and insert the following: "Three |
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Volume 96, Page 242 View pdf image (33K) |
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