| 31. | As of 1961, English law required the consent of the court before the equitable mortgagee was allowed to sell.
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| 32. | Title insurers conduct a title search on public records before they agree to insure the purchaser or mortgagee of land.
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| 33. | The Catholic Bishop is forced by his mortgagee to sell his remaining land, including the Bishop's House.
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| 34. | However, if the court orders a sale pursuant to statute, the mortgagee may be expressly permitted to buy.
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| 35. | The bill prays inquiries with a view to proceedings being taken aliunde to set aside these transactions against the mortgagees.
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| 36. | The first case which approached the position in relation to competing mortgagees was " Gordon v Graham ".
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| 37. | The three law lords who heard the case were divided, with a majority favouring priority for the second mortgagee.
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| 38. | What a mortgagee or a receiver must do to discharge them depends upon the particular facts of the particular case.
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| 39. | They had been the mortgagees of the estate since 1837, shortly before John D'Arcy's death.
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| 40. | In 1905, Stevenson's part of the property passed to the Australian Mutual Provident Society, as mortgagee.
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