Cases on the Law of MortgagesBobbs-Merrill Company, 1915 - 531 páginas |
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Página 12
... effect of this form of transaction — that is to say , its operation as enforced by the courts — we must examine separately the doctrines of law and equity . We will first consider the state of the law , using that word in the narrow ...
... effect of this form of transaction — that is to say , its operation as enforced by the courts — we must examine separately the doctrines of law and equity . We will first consider the state of the law , using that word in the narrow ...
Página 13
... effect to the real intention of the parties , regarding the substance rather than the form . So far as concerns the original interposition of equity , this is , of course , specious . While the purpose of the parties was to secure the ...
... effect to the real intention of the parties , regarding the substance rather than the form . So far as concerns the original interposition of equity , this is , of course , specious . While the purpose of the parties was to secure the ...
Página 21
... effect . In an early case in Massachusetts , it was held by Chief Justice Parsons , that where a mortgage was made to partners , in such form as would ordinarily create a tenancy in common in other grantees - inasmuch as it was designed ...
... effect . In an early case in Massachusetts , it was held by Chief Justice Parsons , that where a mortgage was made to partners , in such form as would ordinarily create a tenancy in common in other grantees - inasmuch as it was designed ...
Página 29
... effect is to dis- charge any collateral lien , as a pledge of goods or the right of dis- tress . It is not denied that the same principle applies to a mort- gage , if the tender be made at the very time when the money is due . If the ...
... effect is to dis- charge any collateral lien , as a pledge of goods or the right of dis- tress . It is not denied that the same principle applies to a mort- gage , if the tender be made at the very time when the money is due . If the ...
Página 30
... effect according to the real understanding and in- tention of the parties , the law of mortgages becomes at once a system of homogeneous principles , easily understood and applied , and just in their operation . A mortgage , then ...
... effect according to the real understanding and in- tention of the parties , the law of mortgages becomes at once a system of homogeneous principles , easily understood and applied , and just in their operation . A mortgage , then ...
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Términos y frases comunes
absolute acquired advances agreement amount due appear assignment authority Bank barred bill bona fide purchaser bond chose in action cited claim complainant condition contract conveyance conveyed Court of Chancery court of equity covenant creditor debtor decree defendant discharge doctrine dower effect enforce entitled equity of redemption evidence executed existence extinguished fact foreclose foreclosure fraud gage grantee grantor heirs held holder incumbrance indorsements instrument intended interest Jones judgment land legal title liability lien loan ment mort mortgage debt mortgaged premises mortgagor N. J. Eq notice opinion owner paid parol parties payment plaintiff possession power of sale principle prior purpose question railroad real estate real property recover remedy rents and profits right of redemption right to redeem rule Schoonhoven sold statute of frauds statute of limitations subrogation suit supra SUPREME COURT surety thereof tion transaction transfer
Pasajes populares
Página 45 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 83 - From time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company for the purposes aforesaid...
Página 190 - Equitable estoppel is the effect of the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might, perhaps, have otherwise existed, either of property, of contract, or of remedy...
Página 45 - When the motion is to be made upon the minutes of the court, and the ground of the motion is the insufficiency of the evidence to justify the verdict or other decision...
Página 91 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
Página 246 - Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded.
Página 196 - The question is upon the intention, actual or presumed, of the person in whom the interests are united.
Página 38 - To have and to hold the same, together with all and singular the appurtenances...
Página 403 - The mortgagee has his strict rights which he may enforce in the ordinary way. If he asks no favors he need grant none. But if he calls upon a court of chancery to put forth its extraordinary powers and grant him purely equitable relief, he may with propriety be required to submit to the operation of a rule which applies in such cases, and do equity in order to get equity.
Página 436 - All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.