A Treatise on the Law of Mortgage |
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Page 6
... given, which was a further distinction between this mode of mortgage and the vivum vadium and old mortuum vadium. And in order to protect the mortgagor from the eviction of the mortgagee, to which he was become liable, a proviso was ...
... given, which was a further distinction between this mode of mortgage and the vivum vadium and old mortuum vadium. And in order to protect the mortgagor from the eviction of the mortgagee, to which he was become liable, a proviso was ...
Page 4
... given sum . The mortuum vadium , or mortgage ultimately known at the common law , was an absolute fee , with a condition annexed , making void the feoffment on payment of a given sum , which the common law allowed , if reserved to the ...
... given sum . The mortuum vadium , or mortgage ultimately known at the common law , was an absolute fee , with a condition annexed , making void the feoffment on payment of a given sum , which the common law allowed , if reserved to the ...
Page 5
... given sum , and until which he received the rents without account , so that the estate was unprofitable or dead to the mortgagor in the mean time ; and the exposition given by Glanville seems the more sound , as it was rendered at a ...
... given sum , and until which he received the rents without account , so that the estate was unprofitable or dead to the mortgagor in the mean time ; and the exposition given by Glanville seems the more sound , as it was rendered at a ...
Page 18
... given him , and no answer being put in , an order for foreclosure was made , unless principal , interest and costs were paid before the 11th of December , 1689. The money was not paid , and Eustace returned to Ireland and died without ...
... given him , and no answer being put in , an order for foreclosure was made , unless principal , interest and costs were paid before the 11th of December , 1689. The money was not paid , and Eustace returned to Ireland and died without ...
Page 20
... given time ; but it being in proof that the mortgagor had a kindness for the mortgagee and intended him the land , and that the claim of redemption was inserted only upon the account that the mortgagor ( being a bachelor ) might marry ...
... given time ; but it being in proof that the mortgagor had a kindness for the mortgagee and intended him the land , and that the claim of redemption was inserted only upon the account that the mortgagor ( being a bachelor ) might marry ...
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...