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§ 530. Action against certain persons holding over as trespassers.

A person in possession of real property, as guardian or trustee for an infant, or having an estate determinable upon one or more lives, who holds over and continues in possession, after the de termination of his trust or particular cstate, without the express consent of the person then immediately entitled, is a trespasser. An action may be maintained against him, or his executor or administrator, by the person so entitled, or his executor or administrator, to recover the full value of the profits, received during the wrongful occupation. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1664.

§ 531. Action by reversioner or remainderman.

A person, seized of an cstate in remainder or reversion, may maintain an action founded upon an injury done to the inheritance, notwithstanding any intervening estate for life or for years. (Added by L. 1920, ch. 930, in effect April 15, 1921.) Derivation: Code of Civil Procedure, § 1665.

§ 532. Action by joint tenant or tenant in common; may maintain action against co-tenant.

A joint tenant or a tenant in common of real property, or his executor or administrator, may maintain an action to recover his just proportion against his co-tenant, who has received more than his own just proportion, or against his executor or administrator. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1666.

§ 533. Action for cutting or carrying off trees or timber.

If any person cuts down or carrics off any wood, underwood, tree, or timber, or girdles or otherwise despoils a tree on the land of another, without the owner's leave; or on the common, or other land, of a city, village, or town, without having right or privilege in those lands, or license from the proper officer; an action may be maintained against him, by the owner, or the city, village, or town, as the case may be. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1667.

§ 534. When treble damages may be recovered in such action.

In an action brought as prescribed in the last section, the plaintiff may state in his complaint the amount of his damages, and demand judgment for treble the sum, so stated. Thereupon, if the inquisition, or, where issues of fact are tried, the verdict, report or decision, awards him any damages, he is entitled to judg

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ment for treble the sum so awarded, except that in either of the following cases, judgment must be rendered for single damages only:

1. Where the verdict, report, or decision finds affirmatively that the injury, for which the action was brought, was casual and involuntary; or that the defendant, when he committed the injury, had probable cause to believe that the land was his own.

2. Where the defendant has pleaded, and the verdict, report, or decision finds affirmatively, that the injury, for which the action was brought, was committed by taking timber, for the purpose of making or repairing a public road, or a public bridge, or by taking any wood, underwood, or tree, for a like purpose, by authority of a town officer having charge of such construction or repairs. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure,

1668.

§ 535. Action for forcible entry or detainer; treble damages.

If a person is disseized, ejected, or put out of real property, in a forcible manner; or after he has been put out, is held and kept out, by force, or by putting him in fear of personal violence, he is entitled to recover treble damages, in an action therefor against the wrong-doer. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1669.

§ 536. Actions relating to real property situate without the state.

An action may be maintained in the courts of this state to recover damages for injuries to real estate situate without the state, or for breach of contracts or of covenants relating thereto, whenever such an action could be maintained in relation to personal property without the state. The action must be tried in the county in which the parties or some one thereof resides, or if no party resides within the state, in any county. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 982a.

ARTICLE 17.

(Article added by L. 1920, ch. 930, in effect April 15, 1921.) PROCEEDINGS TO FORECLOSE A MORTGAGE BY ADVERTISEMENT.

SECTION 540. When mortgage may be foreclosed.

541. Notice of sale; how given.
542. Notice of sale; how served.
543. Duty of county clerk.

544. Contents of notice of sale.
545. Sale; how postponed.

546. Sale; how conducted.

547. Mortgagee or successor in interest may purchase.

548. Effect of sale.

549. Affidavits on sale.

550. When one affidavit suffices; printed notice to be annexed.

551. Affidavits may be filed and recorded.

552. Note upon record of mortgage.

553. Deed not necessary. When affidavits not necessary; but pur

chaser may require them.

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554. Costs allowed.

555. Expenses allowed.

556. Taxation of costs and expenses.
557. Surplus money to be paid into

558. Petition for surplus.

559. Proceedings on petition.

560. Order for distribution.

561. Limitation of last four sections.

562. Delivery of certain affidavits to purchaser.

563. Application of this article to mortgages of the state.

reme court.

§ 540. When mortgage may be foreclosed.

A mortgage upon real property, situated within the state, containing therein a power to the mortgagee, or any other person, to sell the mortgaged property, upon default being made in a condition of the mortgage, may be foreclosed in the manner prescribed in this article, where the following requisites concur:

1. Default has been made in a condition of the mortgage, where by the power to sell has become operative.

2. An action has not been brought to recover the debt secured by the mortgage, or any part thereof; or, if such an action has been brought, it has been discontinued, or final judgment has been rendered therein against the plaintiff, or an execution, issued upon a judgment rendered therein in favor of the plaintiff has been returned wholly or partly unsatisfied.

3. The mortgage has been recorded in the proper book for recording mortgages, in the county wherein the property is situated. 4. The first notice required by subdivision one of the next section is published within the time in which an action could be maintained to foreclose such mortgage. (Added by L. 1920, ch. 930, in effect April 15, 1921.) Derivation: Code of Civil Procedure, § 2387.

§ 541. Notice of sale; how given.

The person entitled to execute the power of sale, must give notice, in the following manner, that the mortgage will be foreclosed, by a sale of the mortgaged property, or a part thereof, at a time and place specified in the notice:

1. A copy of the notice must be published, at least once in each of the twelve weeks, immediately preceding the day of sale, in a newspaper published in the county or in a municipal corporation a part of which is within the county in which the property to be sold, or a part thereof, is situated.

2. A copy of the notice must be fastened up, at least eightyfour days before the day of sale, in a conspicuous place, at or near the entrance of the building, where the county court of each county, wherein the property to be sold is situated, is directed to be held; or, if there are two or more such buildings in the same county, then in a like place, at or near the entrance of the building nearest to the property; or, in the city and county of New York, in a like place, at or near the entrance of the building where the trial and special terms of the supreme court of the first judicial district are directed by law to be held.

3. A copy of the notice must be delivered, at least eighty-four days before the day of sale, to the clerk of each county, wherein the mortgaged property, or any part thereof, is situated.

4. A copy of the notice must be served, as prescribed in the next section, upon the mortgagor, or, if he is dead, upon his executor or administrator, if an executor or administrator has been appointed, and also upon his heirs, providing he died the owner of the mortgaged premises. A copy of the notice may also be served in a like manner upon a subsequent grantee or mortgagee of the property whose conveyance was recorded, in the proper office for recording it in the county, at the time of the first publication of the notice of sale; upon the wife or widow of the mortgagor, and the wife or widow of each subsequent grantee whose conveyance was so recorded, then having an inchoate or vested right of dower, or an estate in dower, subordinate to the lien of

the mortgagee; or in the event of the death of the subsequent grantee, who was at the time of his death the owner of the mortgaged premises, then upon his heirs or upon any person, then having a lien upon the property, subsequent to the mortgage by virtue of a judgment or decree duly docketed in the county clerk's office and constituting a specific or general lien upon the property. The notice, specified in this section, must be subscribed by the person entitled to execute the power of sale, unless his name distinctly appears in the body of the notice, in which case it may be sub scribed by his attorney or agent. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 2388.

§ 542. Notice of sale; how served.

Service of notice of the sale, as prescribed in subdivision fourth of the last section, must be made as follows:

1 Upon the mortgagor, his wife, widow, executor, or adminis

55. a subsequent grantee of the property, whose conveyance 553. Deeu his wife or widow; by delivering a copy of the chaser n... 7 law for delivery of a copy of a summons

554. Costs allowed.

trator, or 555. Expenses allowed. of record, in order to make personal ser

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is upon record, xation of costs ando be served; or by leaving a copy of

notice, as prescribed by for surplus.
in a civil action in a court on petition.

money to be parson to be served, at his dwelling-
re and discretion at least four-

said mortgagor is a foreign

vice thereof

upon the

person

four sections.", he, or his wife, widow,

such notice, addressed to the peh affidavits to pult grantee of the property house, with a person of suitable article to mortg wife or widow, is not a

teen days before the day of sale. I

aa

corporation, or being a natural persony, executor or administrator, or a subsequerortgagee,

e thereof may be made at least twenty-eight

closed.

or arame method, or by

whose conveyance is upon record, or his default being, properly inclosed resident of or within the state, then serviclosed in the , be served, at his upon them in like manner without the staterequisites concre the day of sale.

days prior to the day of sale.

dition of the n.921.)

2. Upon any other person, either in the sative. depositing a copy of the notice in the post-offied to recover the in a postpaid wrapper, directed to the person tor, if such an acti

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situated w

(Added by L. 1920, ch. 930, in effect April 15, in execution, issuene, must

Derivation: Code of Civil Procedure, § 2389.

the plaintiff has beemust

543. Duty of county clerk.

A county clerk, to whom a copy of a notice of sale is
s prescribed in subdivision third of the last section but
thwith affix it in a book kept in his office for that purpose,

d subscribe a minute, at the bottom of the copy, of the
he received and affixed it; and must index tha

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