Cases on the Law of MortgagesBobbs-Merrill Company, 1915 - 531 páginas |
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Página 13
... redemption . " At first , we may assume , it was granted only in cases of ... equity , this is , of course , specious . While the purpose of the parties ... equity really did , then , was not to give effect to the intention of the parties ...
... redemption . " At first , we may assume , it was granted only in cases of ... equity , this is , of course , specious . While the purpose of the parties ... equity really did , then , was not to give effect to the intention of the parties ...
Página 14
... redeem the land in equity constituted , of course , an " equitable estate " in the land , which was called the " equity of redemption . " 8 Under the rule that equity follows the law , this equitable estate , like all others , possessed ...
... redeem the land in equity constituted , of course , an " equitable estate " in the land , which was called the " equity of redemption . " 8 Under the rule that equity follows the law , this equitable estate , like all others , possessed ...
Página 22
... equity , however , recog- nizing the purpose of the mortgage as merely a pledge to secure a debt , established a right of the mortgagor to redeem . They created a new estate in the form of the equity of redemption and a remedy for the ...
... equity , however , recog- nizing the purpose of the mortgage as merely a pledge to secure a debt , established a right of the mortgagor to redeem . They created a new estate in the form of the equity of redemption and a remedy for the ...
Página 23
... equity of redemption was liable to execution and would pass to the purchaser at an execution sale . The court , holding that it would pass , said that the earliest doc- trine in England settled that the whole legal estate was in the ...
... equity of redemption was liable to execution and would pass to the purchaser at an execution sale . The court , holding that it would pass , said that the earliest doc- trine in England settled that the whole legal estate was in the ...
Página 25
... equity of redemption , under the judgment against the mortgagor , or in Joshua Mersereau , the mortgagee . Courts of law , both here and in England , have gone very far towards , if not the full length of , considering mortgages , at ...
... equity of redemption , under the judgment against the mortgagor , or in Joshua Mersereau , the mortgagee . Courts of law , both here and in England , have gone very far towards , if not the full length of , considering mortgages , at ...
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Términos y frases comunes
absolute acquired advances agreement alleged amount due appear assignment authority Bank barred bill bona fide purchaser bond chose in action cited claim condition contract conveyance conveyed Court of Chancery court of equity covenant creditor debtor decree defendant discharge doctrine effect ejectment enforce entitled equity of redemption executed existence extinguished fact foreclose foreclosure fraud gage grantee grantor held holder incumbrance indorsements instrument intended interest Jones judgment land legal title liability loan ment Minn 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 subsequent suit supra SUPREME COURT surety tender 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.