 | Francis Hilliard - Mortgages - 1856 - 720 pages
...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... | |
 | Josiah William Smith - Bankruptcy - 1862 - 466 pages
...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... | |
 | Josiah William Smith - Common law - 1864 - 548 pages
...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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1862 - 1642 pages
...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... | |
 | Montgomery Hunt Throop - Frauds, Statute of - 1870 - 852 pages
...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... | |
 | Charles William Smith (professor of elocution.) - 1870 - 74 pages
...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... | |
 | California - Civil law - 1874 - 870 pages
...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),... | |
 | John Gaylord Wells - Law - 1875 - 628 pages
...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... | |
 | John Gaylord Wells - Commercial law - 1879 - 622 pages
...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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... 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. 
