1

THE

PREFACE.

MR

ORTGAGES of Lands, &c. being now become the General Security for Money throughout the Nation, little needs to be faid to recommend a TREATISE of this Nature. The Want of a true Understanding whereof, hath oftentimes proved fatal to Purchasers as well as Mortgagees; and that not only for the Lofs of their Money, but the vaft Charges confequent upon tedious and vexatious Suits, both in Equity and at Common Law. And therefore I have not only made Obfervation on CASES relating to MORTGAGES at Common Law, but also as they stand and are governed by the Decrees of a Court of EQUITY. I have alfo added A 2 feveral

feveral modern Cafes adjudged both
at Common Law and in Equity,
upon Mortgages, Pawns and Pledges:
Of all which, if the READER will
be pleased to caft his Eye on the
CONTENTS next enfuing, he
may more fully receive Satisfaction,
and fuperfede the Trouble of Re-
petition here.

THE

THE

CONTENTS.

CHA P. I.

The Nature of a Mortgage. Diverfity between

Mortgage of Lands and Pledging of Goods.

Mortgage not meerly a Truft in Equity. Parol

Agreement to be a Mortgage after a Conveyance.

If it appear to be a Mortgage notwithstanding

a Deed abfolute, yet decreed Redemption.

Where not a Leafe, but Affurance by Way of

Mortgage. No Survivorship of a Mortgage in

Equity. Covenant to Reconvey what is not

done, the Vendee bath it abfolutely. Defeafance;

The Nature of it. Diverfity between Inheri-

tances executed, and executory, as to being De-

feafanced. Diverfity between a Releafe and a

Defeafance. Defeafance on Stat, that if fuch

Land be extended, then to be void; How to be

conftrued. Vide Cap. 7.

CHA P. II.

Mortgage in Fee. Where, and in what Cafes, the

Money paid to the Heir is Good. Where the

Mortgage-Money may be paid to the Affignee.

With a Diversity, where the Money must be

paid to the Heir, and not to the Executors

A 3

Where

Where the Money may be paid to Executors a

Affignees in Law. Of Affignees in Deed, and

Afignees in Law. When Election to pay the

Money to the firft Feoffee, or the fecond Feoffee.

Where it is not fafe to pay the Mortgage Money

to the Adminiftrator, durante minori ætate.

CHA P. III.

By and to whom the Money is to be paid or ten-

der'd. Where a Condition defcends to the Heir,

he may pay or tender the Money. Tender made

by Executors. Time of Tender. How and to

whom to be tender'd. Where the Guardian may

tender. Of Tender and Refufal, if yet the

Debt remaineth. Money to be tendered to the

Perfon of the Feoffee, and why. Where and in

what Cafes Notice must be given of the Payment

of the Money. A Daughter pays the Money,

and then a Son is born. Rules of Tender.

CHA P. IV.

To whom the Mortgage Money shall be decreed,

How it is at Common Law. Where there is no

Mention made of Heirs or Executors, to whom

it fhould be paid Where Election is to pay it

to the Heir or to the Executor. Where the

Mortgage Money (though of an Eftate of In-

heritance) fhall be decreed to the Executor,

and not to the Heir Where Mortgage Money

to be accounted as Part of the Perfonal Eftate.

Interpleader to a Bill, to whom he fhould pay the

Money, to the Heir or Executor. Money on a

Mortgage in Fee decreed to the Executor. Mort-

gage Money, Affets in the Hands of the Heir.

Whe