A Treatise on the Law of Mortgage |
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Page 6
... common law did not favour conditions, but required strict performance of them (e), yet it was in certain cases satisfied with the performance of the intent of the condition (/), though not performed in words; and although a difference ...
... common law did not favour conditions, but required strict performance of them (e), yet it was in certain cases satisfied with the performance of the intent of the condition (/), though not performed in words; and although a difference ...
Page 1
... common law , and perfected by a judicious and wise application of the principles of redemption of the civil law . An inquiry into its nature and practice will lead to the consideration of the origin and historical deduction of mortgages ...
... common law , and perfected by a judicious and wise application of the principles of redemption of the civil law . An inquiry into its nature and practice will lead to the consideration of the origin and historical deduction of mortgages ...
Page 3
... common law of England held , that if lands were en- feoffed to the creditor , and the rents and profits were ad interim received by him , and not applied in reduction of the principal of his debt , it was a species of usury which ...
... common law of England held , that if lands were en- feoffed to the creditor , and the rents and profits were ad interim received by him , and not applied in reduction of the principal of his debt , it was a species of usury which ...
Page 4
Richard Holmes Coote. 4 CHAPTER II . OF MORTGAGES AT COMMON LAW . THE Common law recognised two kinds of landed security , viz . , vivum vadium and mortuum vadium . The vivum vadium and also the mortuum vadium ( according to Glanville ) ...
Richard Holmes Coote. 4 CHAPTER II . OF MORTGAGES AT COMMON LAW . THE Common law recognised two kinds of landed security , viz . , vivum vadium and mortuum vadium . The vivum vadium and also the mortuum vadium ( according to Glanville ) ...
Page 5
... common law , viz . , a feoffment to the creditor and his heirs , to be held by him until his debtor paid him a given sum , and until which he received the rents without account , so that the estate was unprofitable or dead to the ...
... common law , viz . , a feoffment to the creditor and his heirs , to be held by him until his debtor paid him a given sum , and until which he received the rents without account , so that the estate was unprofitable or dead to the ...
Contents
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Common terms and phrases
afterwards agreement annuity apply appointed arrears assets assignment bankrupt bankruptcy Beav bill Bingh bond charge chattels contract conveyance copyholds costs Court of Chancery Court of equity covenant debtor decree defendant devised doctrine entitled equity of redemption et vide Exch execution executors fieri facias filed foreclosure fund Hare held Ibid incumbrance incumbrancer infant intention interest lands lease legacies liable lien Lord Chancellor Lord Eldon Lord Hardwicke marriage Mees mort mortgage mortgage debt mortgagor notice obtained owner paid party payable payment of debts personal estate plaintiff portions possession principal prior provision purchaser raised real estate redeem remainder remainderman rents and profits rule scire facias Sect seems shew statute subsequent suit term thereof title deeds trustees usurious Vern Vict vide infra vide supra warrant of attorney wife writ
Popular passages
Page 61 - ... shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent; and in such case, no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one, was given.
Page 133 - ... remainder to the first and other sons of the marriage in tail male, remainder to the first and other...
Page 31 - ... or over which such person shall, at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might, without...
Page 231 - ... heirs, successors, executors, administrators and assigns, and every of them, whose actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries and reliefs, by such guileful, covinous, or fraudulent devices and practices, as is aforesaid, are, shall, or might be in any ways disturbed, hindered, delayed, or defrauded), to be clearly and utterly void, frustrate, and of none effect ; any pretence, colour, feigned consideration, expressing of use, or any other matter or thing...
Page 159 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 516 - ... acknowledgment, in writing, of the title of the mortgagor, or of his right to redemption, shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person...
Page 516 - ... and the person or persons claiming any part of the mortgage money or land or rent, by, from or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent...
Page 514 - ... fide purchaser for valuable consideration who has not assisted in the commission of such fraud, and who at the time that he made the purchase did not know and had no reason to believe that any such fraud had been committed.
Page 272 - Campbell now moved for a rule to shew cause why the verdict should not be set aside and a new trial granted...
Page 243 - Commissioner, who made an order retrospectively confirming the sale, and reciting as a fact that the goods were in the order and disposition of the bankrupt at the time of the bankruptcy, with...