A Treatise on the Law of Mortgage |
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Page 40
... debtor , and the creditor was , in default of payment , driven to his actio hypothecaria to obtain possession , and at any time before sentence the debtor might re- deem . ( ) By that law , the debt was the principal , the security an ...
... debtor , and the creditor was , in default of payment , driven to his actio hypothecaria to obtain possession , and at any time before sentence the debtor might re- deem . ( ) By that law , the debt was the principal , the security an ...
Page 47
... debtor ; and it is difficult to conceive , had the Courts of law been so inclined ( which it does not seem that they were , ) on what principle they could have proceeded in giving the debtor relief . The forfeiture was complete ; the ...
... debtor ; and it is difficult to conceive , had the Courts of law been so inclined ( which it does not seem that they were , ) on what principle they could have proceeded in giving the debtor relief . The forfeiture was complete ; the ...
Page 48
... debtor . It may under this head be lastly remarked , that at the present day , if the condition , instead of determining the estate of the mortgagee , be , that on payment , & c . , the feoffee , & c . , shall reconvey or re - assign ...
... debtor . It may under this head be lastly remarked , that at the present day , if the condition , instead of determining the estate of the mortgagee , be , that on payment , & c . , the feoffee , & c . , shall reconvey or re - assign ...
Page 57
... debtor and creditor is extinguished , or never existed , there , a similar agreement will be considered as merely a conditional sale . Robinson v . Cropsey , 2 Edw . 138 ; Conway v . Alexan- der , supra . And see the observations of ...
... debtor and creditor is extinguished , or never existed , there , a similar agreement will be considered as merely a conditional sale . Robinson v . Cropsey , 2 Edw . 138 ; Conway v . Alexan- der , supra . And see the observations of ...
Page 69
... debtor or his assignee , the only remedy for them is by bill in equity . Bigelow v . Wilson , 1 Pick . 485. After a sale on execution of an equity of redemption , the mortgagor has an interest remaining in him which he may convey by way ...
... debtor or his assignee , the only remedy for them is by bill in equity . Bigelow v . Wilson , 1 Pick . 485. After a sale on execution of an equity of redemption , the mortgagor has an interest remaining in him which he may convey by way ...
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Common terms and phrases
action afterwards agreement annuity apply appointed assignment bankrupt bankruptcy Beav Bingh bond charge chattels contract convey conveyance copyholds costs Court of Chancery Court of equity covenant debtor decree defendant devised doctrine entitled equity of redemption et vide Exch execution executors filed foreclosure fraud fund gage given Hare heir held Ibid incumbrance incumbrancer infant interest judgment creditor land lease legacies liable lien Lord Chancellor Lord Eldon Lord Hardwicke Mees ment mort mortgage mortgage debt mortgagor notice obtained owner paid party payable personal estate plaintiff possession premises principal prior provision purchaser Q. B. Rep raised real estate redeem remainderman rule scire facias Sect seems ship Smith statute Statute of Frauds subsequent suit term thereof tion title deeds trustees usurious vendor Vern Vict vide infra vide supra warrant of attorney wife writ
Popular passages
Page 521 - ... unless in the meantime some part of the principal money, or some interest thereon, 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...
Page 521 - ... any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page 98 - ... unless and until a memorandum or minute containing the name and the usual or last known place of abode, and the title, trade, or profession of the person whose estate is intended to be affected thereby, and the Court and the title of the cause...
Page 88 - ... no warrant of attorney to confess judgment in any personal action, or cognovit actionem, given by any person, shall be of any force unless there shall be present some attorney of one of the superior courts on behalf of such person, expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to...
Page 595 - ... 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 595 - ... deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given.
Page 515 - ... incumbrancer shall have been in possession of any land, or in the receipt of the profits thereof within one year next before an action or suit shall be brought by any person entitled to a subsequent mortgage or other incumbrance on the same land, the person entitled to such subsequent mortgage or incumbrance may recover in such action or suit the arrears of interest which shall have become due during the whole time that such prior mortgagee or incumbrancer was in such possession or receipt as...
Page 116 - ... 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 147 - ... which he shall not by his last will have charged with or devised subject to the payment of his debts, the same shall be assets to be administered in courts of equity for the payment of the just debts of such persons, as well debts due on simple contract as on specialty...
Page 597 - ... redemption, shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person...