THE FOURTH EDITION,.

REVISED, CORRECTED, AND GREATLY ENLARGED;
TOGETHER WITH

AN APPENDIX OF PRECEDENTS.

By JOHN JOSEPH POWELL,

OF THE MIDDLE TEMPLE, ESQ.

BARRISTER

ΑΤ LAW.

IN TWO VOLUMES.

VOL. II.

Haud ignara mali, miseris succurrere disco.—ÆNEI. LIB. I.

LONDON:

PRINTED FOR J. BUTTERWORTH, FLEET-STREET,

OF

THE SECOND VOLUME.

CAP. XIV.

OF Notice exprefs and implied,

CAP. XV.

To whom Lands forfeited under a Mort-

gage shall belong,

CAP. XVI.

How a Wife is interested in her Husband's

Eftate mortgaged, and other Matters

relative thereto,

CAP. XVII.

Of Mortgages made by the Hufband and

Wife, or the Hufband alone of the

Wife's Eftates, and his Interest in

Mortgage-Money due to her,

CAP. XVIII.

Out of what Fund Mortgages are to be

redeemed,

Page

569

682

701

735

Page

803

CAP.

APPENDIX OF PRECEDENTS.

1. A Mortgage in fee for fecuring 6oool.

and Intereft,

2. A Mortgage by demife for fecuring

a Legacy left by a Will from the

Executors under the Will to the -

Party lending the Money,

1

3. Mortgage of Leafehold and Copy-

hold Premifes,

4. Affignment of a Mortgage Debt, and

a Term of Years for fecuring

1157

1162

1171

CAP. XIV.

OF NOTICE EXPRESS AND IMPLIED.

NOTICE is of two kinds. First, actual notice, as where a man is party to a deed, or has notice of it regularly ferved upon him, or the like.

But the charge of actual notice must be founded upon fomething certain and circumftantial: Thus (a), where one came to a vendee, and faid to him, "Take heed how you buy "fuch land, for A hath nothing in that, except upon truft to the ufe of B;" and another came to the vendee and faid to him, "It was

(a) Wildgoofe v. Wayland, Gouldsborough, 147, cafe 67.

-"not