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" ... as security for the payment of a debt or the performance of a duty; and that the statute has taken away the right of the mortgagee to maintain ejectment. "
Reports of Cases Argued and Determined in the Court of Common Pleas for the ... - Halaman 358
oleh Charles Patrick Daly - 1879
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The Law of Mortgages, of Real and Personal Property: Being a ..., Volume 1

Francis Hilliard - 1856 - 720 halaman
...It is a security. And this is a sine qua non of a mortgage. If the instrument be made as a security for the payment of a debt or the performance of a duty, it is a mortgage, and the substance and not the mere form of the instrument is to be regarded. The...
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Manual of Common Law and Bankruptcy ...

Josiah William Smith - 1862 - 466 halaman
...471-2 ; Tudor Ca, on ML 17, 20, 23-4.) A guaranty is a promise to be responsible Guaranty defined. for the payment of a debt or the performance of a duty, in case another person, who is primarily liable to such payment or performances, fails to pay or perform...
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A Manual of Common Law: Comprising the Fundamental Principles and the Points ...

Josiah William Smith - 1864 - 548 halaman
...7 Hurl. & Norm. 934.) . « , « .1 composition A guaranty is a promise to be responsible Guaranty, for the payment of a debt or the performance of a duty, in case another person, who is primarily liable to such payment or performance, fails to pay or perform...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - 1862 - 1642 halaman
...is a security. • And this is a sine qua now of a mortgage. If the instrument be made as a security for the payment of a debt, or the performance of a duty, it is a mortgage. And the substance, and not the mere form, of the instrument is to be regarded It...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 halaman
...does not now pass any estate in the land, but is merely the creation of a specific lien as security for the payment of a debt or the performance of a duty ; and that the statute has taken away the right of the mortgagee to maintain ejectment. All this is...
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A Treatise on the Validity of Verbal Agreements: As Affected by ..., Volume 1

Montgomery Hunt Throop - 1870 - 852 halaman
...statute, if it was made upon a consideration moving wholly I etween the parties to it, and related to the payment of a debt or the performance of a duty by the third person to the promisee, the right to enforce which then first passed, or by the terms of...
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The clerk's dictionary of commercial terms

Charles William Smith (professor of elocution.) - 1870 - 74 halaman
...can always be cashed at the bank. Mortgage. — A conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance. It was called a Mortgage or dead pledge, because, whatever...
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The Civil Code of the State of California, Volume 2

California - 1874 - 870 halaman
...possession. NOTE.—At common law a mortgage was a conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance. This conveyance was called a mortgage (or dead pledge),...
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Every Man His Own Lawyer and Business Form Book: A Complete Guide in All ...

John Gaylord Wells - 1875 - 628 halaman
...estate, of goods, or of profits. MORTGAGE. — A conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance. MOTION IN LAW. — An application in court either by...
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Every Man His Own Lawyer: And Business Form Book

John Gaylord Wells - 1879 - 622 halaman
...estate, of goods, or of profits. MORTGAGE. — A conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance. MOTTOX IN LAW. — An application in court either by...
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