 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - Law - 1898 - 1208 pages
...§ 38. 4 Kent where a mortgage is considered a mere lien, the legal title remaining in the Com. 136 says: 'A mortgage is the conveyance of an estate by way of pledge for the security of a debt, and to become void on payment of it.' I Washb. Real Prop. 475 defines a mortgage to be an estate... | |
 | Idaho. Supreme Court - Law reports, digests, etc - 1903 - 902 pages
...the cases have denied ?ais. But those taking this view are numerous. Kent defines a 'mortgage' thus: 'A mortgage is the conveyance of an estate by way...ownership is vested in the creditor; but, in equity, the niortiTnfjor remains the actual owner, until debarred by his own default or judicial decree.' (4 Kent's... | |
 | Bruce Wyman - Mortgages - 1903 - 496 pages
...to redeem, on paying Stewart what is due on the judgment. Chancellor Kent defines a mortgage to be the conveyance of an estate, by way of pledge for the security of a debt, and to become void on the payment of it. 4 Kent Com. 135. The deed, on its face, purports to... | |
 | Law reports, digests, etc - 1904 - 1266 pages
..."What Is a mortgage in its comprehensive sense? Kent says (volume 4, p. 151, of his Commentaries) : 'A mortgage is the conveyance of an estate by way...the creditor, but in equity the mortgagor remains the actual owner until he is debarred by his own default or by judicial decree/ In this case the plaintiff,... | |
 | Law reports, digests, etc - 1906 - 2258 pages
...3, 11.) • Hilliard says, " a more correct definition of a mortgage, therefore, would seem to be, the conveyance of an estate by way of pledge for the security of a debt, and to become void upon payment of it, or a conditional conveyance of lands, designed as a... | |
 | Thomas Johnson Michie - Law reports, digests, etc - 1907 - 932 pages
...registration, see the title RECORDING ACTS I. Definitions and Distinctions. A. DEFINITIONS. 1. Mortgage. "A mortgage is the conveyance of an estate by way of pledge Tor the security of debt, and to become void oa the payment of it. The legal ownership is vested in... | |
 | Minnesota Academy of Social Sciences - Social sciences - 1908 - 240 pages
...Secured and Unsecured Debts Monies. WHAT 1s A MORTGAGE? "A mortgage of lands is a conveyance thereof by way of pledge for the security of debt and to become void upon payment of it." When it comes to taxation of real estate the State declines to consider whether... | |
 | 1910 - 620 pages
...destructive effects. See AnTILLEBY: BOMBABDMENT. Mortgage (mawr'gaj), in law, according to Kent, " the conveyance of an estate by way of pledge for the security of a debt, to become void on payment of it." There usually accompanies a mortgage a bond or promissory... | |
 | Edgar Noble Durfee - Mortgages - 1915 - 554 pages
...at his death descended to his heirs. It is true that, according to the common law, a mortgage was a "conveyance of an estate by way of pledge for the security of a debt, and to become void upon the payment of it." But it is quite as clear that in our State, by... | |
 | Thomas Johnson Michie - Law reports, digests, etc - 1917 - 1144 pages
...pay a debt or in discharge of some other obligation. Williams v. Davis, 45 So. 908, 154 Ala. 422. " 'A mortgage is the conveyance of an estate by way of pledge for the security 1 of a debt, and to become void on payment of it.' " Johnson v. Hatawiy, 155 Ala. 516, 46 So. 760,... | |
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A mortgage is the conveyance of an estate, by way of pledge for the security of debt, and to become void on payment of it. 
