Page:United States Statutes at Large Volume 31.djvu/1325

 F1FTY-sixTH CONGRESS. sm. 11. cu. ssl. 1901. 1273 the party entitled thereto may file a— etition in the supreme court of said District, setting forth under oatli the execution of the mortgage or deed of trust, the death of the mortgageeor trustee, and the fact that the debt secured by the said mortgage or deed of trust remains unpaid, and such other fact as may be necessary to entitle the petitioner to the relief prayed, and praying for the a pointment of a trustee to execute the trusts of the said mortgage or (feed of trust. It shall not be necessary to make the heirs at law of the deceased mortgagee or trustee parties to such proceeding. The court may thereupon lay a rule upon the debtor or parties whose property is bound by said 1l101`l}· gage or deed o_f trust, unless they shall voluntarily appear and admit the allegations of the petition, to show cause, under oath, on or before the tenth day, exclusive of Sundays and legal holidays, after the service of such rule, why the prayer of said petition should not be granted. If said party or parties can not be found in said District, service of said rule shall be by publication, according to the practice in equity in said court. If no cause be shown, notwithstanding the service of said rule, against the prayer of said petition, the court may determine in a summary way whether said debt remains unpaid, and if satisfied thereof the said court may, by decree, appoint a new trustee in the place of the deceased mortgagee or trustee, and vest in him all the title at law and in equity, and all the powers that had been conveyed to and vested in the deceased mortgagee or trustee. SEc. 535. DEEENSES Aenmsr FORECLOSURE.——Tf matter of defense ,0gg,{,ggr{§¤ mlm against the foreclosure of said mortga e or the enforcement of said ' deed of trust be set up in answer to sai§ rule, the further roceedings shall be according to the practice in equity after answer filed. · Sec. 536. In case of the death of any trustee appointed as aforesaid p0]§,§@§‘,;’§,f;},*§;§,$,gP without having executed the trusts of the mortgage or deed of trust, a ` like proceeding to the above may be had to appoint a successor to him in the said trusts. Sec. 537. RELEASE AFTER DEATH OF MORTGAGEE, AND so FoRTH.— §‘;<;§§gg¤§St£%ft¤¤ In case of the death of a sole mortgagee or trustee or the last survivor giie., to executes ii; of several, as aforesaid, if the debt secured by the mortgage or deed }g°,€§‘§g,§’él§f dwh °’ of trust shall have been paid, and it is desired by the party paying the same to obtain a deedof release, the said party may iile a petition in said supreme court of the District, setting- forth, under oath, the execution of said mortgage or deed of trust, the death of the mortgagee or trustee, the payment of the debt, and any other fact necessary to entitle the petitioner to the relief prayed, and praying for the appointment of a trustee in the place of the deceased mortgagee o1· trustee to execute a deed of release of said mortgage or deed of trust. It shall not be necessary to make the heirs of the deceased mortgagee or trustee a party to such proceeding. The court may thereupon lay a rule upon the creditor secured by said mortgage or·dccd of trust, unless he shall voluntarily appear and admit the allegations of the petition, to show cause, under oath, on or before the tenth day, exclusive of Sundays and legal holidays, after the service of said rule, why the prayer of the petition should not be granted. If said party can not be found in said District, service of said rule shall be by publication according to the practice in equity in_said court. If no cause be shown, notwithstanding the service of said rule, against the prayer of the petition, the court inay determine in a summary way whether said debt has been paid, and if satisfied thereof- may, by decree, appoint a trustee in the place of the deceased mortgagee or trustee and invest in him the title, in law and in equity, that was in the deceased mortgagee or trustee, for the purpose of executing a deed of release as aforesaid. If matter of defense against the prayer for a release of said mortgage or deed of trust be set up in answer to said rule, the further proceedings shall be according to the practice in equity after answer filed.