The Law of Mortgages, of Real and Personal Property, Volum 1

Little, Brown, 1864 - 684 sider

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Side 627 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Side 240 - A mortgage is a charge upon the land; and whatever would give the money will carry the estate in the land along with it to every purpose. The estate in the land is the same thing as the money due upon it. It will be liable to debts; it will go to executors; it will pass by a •will not made and executed with the solemnities required by the statute of frauds.
Side 448 - ... shall nevertheless be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him.
Side 155 - ... mortgagee, the mortgage is to be regarded as a conveyance in fee, because that construction best secures him in his remedy, and his ultimate right to the estate, and to its incidents, the rents and profits. But in all other respects, until foreclosure, when the mortgagee becomes the absolute owner, the mortgage is deemed to be a lien or charge, subject to which the estate may be conveyed, attached, and in other respects dealt with as the estate of the mortgagor.
Side 642 - ... in which the Court has been satisfied from the evidence before it, that the party charged had designedly abstained from inquiry for the very purpose of avoiding notice.
Side 111 - The fair criterion by which the court is to decide whether this deed be a mortgage or not, I apprehend to be this, — Are the remedies mutual and reciprocal ? Has the defendant all the remedies a mortgagee is entitled to?
Side 627 - ... a party who negligently or culpably stands by, and allows another to contract on the faith and understanding of a fact which he can contradict, cannot afterwards dispute that fact in an action against the person whom he has himself assisted in deceiving, (c) , Prior v.
Side 299 - ... court necessarily and rightly allows to the common law and to legal titles. But if this had happened in any other country it could never have made a question; for if the law and equity are administered by the same jurisdiction the rule, qui prior est tempore potior est jure, must hold.
Side 7 - Commentaries on the Law of Promissory Notes, and Guaranties of Notes and Checks on Banks and. Bankers, with Occasional Illustrations from the Commercial Law of the Nations of Continental Europe.
Side 32 - For there were that said, We, our sons, and our daughters, are many : therefore we take up corn for them, that we may eat, and live. Some also there were that said, We have mortgaged our lands, vineyards, and houses, that we might buy corn, because of the dearth.

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