, 1854-07-15

the estate in reverson shall be adiudged il
the action to be equal 10 the value Of tho
tenants estate or uneXpred term, or tc
have been done in malice.
pIsPurED LAND CLAIMS
Sec. 404. When ans two or more per
sons are opposing claimants under the laws
Of the United States to any laGd in this
territory, and one is threatening to commit
npon such land waste which tend, matcri
ally TO lessen the value Of tho inheritance
and which cannot be compensated 10y danl-
ages, aud there is Imminent danger that
unless restrained such waste viii be com'
lnitted, the party, on filing his complaint
and satisfying the court or judge of the
existence Of the facts may have IN injunc-
tion to restrain the adverse party. ln all
cases he shall give notice and bond as is
provided in other cases where injunction,
when granted shall be set aside or modi-
fed as is provided generally for igunctions
and restraining orders.
FOR NUISANCE.
See. 4O5. The obstruction Of any high
way or the closing of the channel Of any
stream used for boating or rafting logs,
lumber or timber, or whatever, is injurious
to health, or indecent or offensive TO the
senses or an obstruction to the free use of
property so as to essentially interfere with
the comfortable enjoyment Of life or prop
erty is a nuisance, and the subject Of an
action.
Sec 406. Such action may be brought
by any person whose property is injuriousy
affected, or whose personal enjoyment is
lessened by the nuisance.
See 407. Where aproper case is made
the nuisance may be enjoined or abated,
and damages recovered therefor.
FORECLOSURE OF MORTGAGES.
Sec. 4OS. When default is made in the
performance Of any condition contained in
mortgage, the mortgage or his assigns
may proceed in the district court Of the
county where the land, or some part there
Of, lies to foreclose the equity Of redemp-
tion contained in the mortgage.
Sec. 400. When there is no express
agreement in the mortgage, nor any sepa-
rate instrument given for the payment Of
the sum secured thereby, the remedy Of
the MORTGAGE shall be confined to the
property mortgaged.
Sec. 4l0. In rendering judgment OF
foreclosure, the court shall order the mort
gagged premises, or so much thereof as may
be necessary, TO be sold to satisfy the mort
gage and costs Of the action The pay
mcnt Of the mortgage debt, with interest
and costs at any time before sale, shall sat.
isfy the judgment
Sec. All. When there is no express
written agreement for the payment Of the
sum Of money secured contained in the
mortgage, or any separate instrument, the
court shall direct, in the order of the sale,
that the balance due on the mortgage, and
costs which may remain unsatistied after
the sale Of the mortgaged premises, shall
be levied Of any property of the mortgage
debtor.
Sec. 4l2. A copy Of the order of sale
and Judgment shall be issued and certified
by the clerk, under the seal Of the court,
to the sheriff, who shall thereupon proceed
to sell the mortgaged premises, or SO much
thereof as may be necessary TO satisfy the
Judgment, interest and costs, as upon exc
cution and il any part Of the Judgment,
interests and cost remain unsatisfed, the
sheriff shall forthwith proceed to levy the
residue Of the other property Of the defend
ant.
See. 4lS. The plaintiff shall not pro-
coed 70 foreclose his mortgage while he is
prosecuting any other action for the same
debt or matter which is secured by the
mortgage, or while he is seeking TO obtain
execution Of any Judgment in such other
action nor shall lie prosecute any other
action for the same matter while he is fore
closing his mortgage representing judg-
ment Of foreclosure.
See. Ala. Whenever complaint is
6led for the foreclosure Of a mortgage upon
which there shall be due any interest or
instalment Of the principal, and there are
other instalments not due, if the defendant
pay into court the principal and interest
due, with costs, at any time before final
Judgment, the complaint shall be dismissed.
Ii such payment be made after final judg-
ment, proceedings therein shall be stayed,
subject to be enforced upon a subsequent
default in the payment Of any installment
of the principal or interest thereafter be-
coming due. In the final Judgment, the
court shall direct at what time and upon
what defalt any subsequent execution shall
issue.
Sec. AIS. In such cases, after final
Judgment, the court shall ascertain whether
the property cdn be sold in parcels, and il
it can be done without injury to the inter
ests of the parties, the court shall direct SO
much only Of the premises to be sold as will
be sufficient to pay the amount then due
on the mortgage with costs, and the judg-
ment shall remain and be enforced upon any
subsequent default, unless the amount due
shall be paid before execution Of the jndg-
ment is perfected.
Sac Ala If the nnrtnannd nremisns