A Treatise on the Law of Mortgage |
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Page 49
... intention of the parties that such conveyance shall only be a mortgage , ( a ) 5 Co. 115 . ( c ) Langford v . Barnard , Tothill , 134 . ( b ) Ibid . 96 . ( d ) Emanuel College v . Evans , 1 Rep . in Chancery , 10 . ( e ) Newcomb v ...
... intention of the parties that such conveyance shall only be a mortgage , ( a ) 5 Co. 115 . ( c ) Langford v . Barnard , Tothill , 134 . ( b ) Ibid . 96 . ( d ) Emanuel College v . Evans , 1 Rep . in Chancery , 10 . ( e ) Newcomb v ...
Page 50
... intention was , if the mortgagor had no issue male , to make the mort- gagee some compensation for his loss ; but of which understanding between the parties no proof was adduced . The report of the above case states , that the Lord ...
... intention was , if the mortgagor had no issue male , to make the mort- gagee some compensation for his loss ; but of which understanding between the parties no proof was adduced . The report of the above case states , that the Lord ...
Page 55
... intention of making a mortgage . Colwell v . Woods , 3 Watts , 188 , and authorities there cited by Kennedy , J. An unconditional conveyance of land from A. to B. , with an obligation back to re- convey , on the payment of certain notes ...
... intention of making a mortgage . Colwell v . Woods , 3 Watts , 188 , and authorities there cited by Kennedy , J. An unconditional conveyance of land from A. to B. , with an obligation back to re- convey , on the payment of certain notes ...
Page 57
... intention of the parties , courts will look not only to the deeds and writings , but to all the circumstances of the contract ; and for this purpose will receive parol evidence . Robertson v . Campbell , 2 Call , 421 ; King v . Newman ...
... intention of the parties , courts will look not only to the deeds and writings , but to all the circumstances of the contract ; and for this purpose will receive parol evidence . Robertson v . Campbell , 2 Call , 421 ; King v . Newman ...
Page 58
... intention to pay in the consideration - money by instalments of 1007. every six months , and should , pursuant to such notice , pay the said money and interest at any time during his life , the grant should be void . There was no ...
... intention to pay in the consideration - money by instalments of 1007. every six months , and should , pursuant to such notice , pay the said money and interest at any time during his life , the grant should be void . There was no ...
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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...