| Samuel Carter (Barrister at law) - Mortgages - 1728 - 318 pages
...called Mortgage, is, for that it is doubtful whether the Feoffor will pay at the Day limited fuch a Sum or not, and if he doth not pay, then the Land...Pledge, upon Condition for the Payment of the Money, is (at Common Law) taken from him for ever, and fo dead to him upon Condition ; and it is fo called alfo,... | |
| Matthew Bacon (fl.) - Law - 1798 - 916 pages
...the money at the day limited Co.Lit.ao5. or not ; and if he do not pay, then the land, which is but in pledge upon condition, for the payment of the money, is taken from him for ever, and fo dead to him ; and if he do pay it, then the pledge is dead to th¿ tenant of the land. Of thefe... | |
| Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - Land tenure - 1818 - 752 pages
...canse Zi'liy it is called mortgage is, for that it is doubtful n'hetlter the feoffbr (47) vill pay at the day limited such sum or not : and if he doth not pay, then the land Khich is put in pledge upon condition Jar the payment of the money, is taken from him for ever, and... | |
| Charles Barton - Conveyancing - 1821 - 696 pages
...day limited or not; and if he do not pay, then the land, which is but in pledge upon condition for payment of the money, is taken from him for ever, and so dead to him ; and if he do pay it, then the pledge is dead to the mortgagee, or tenant of the land'. Mortgages... | |
| William Cruise - Real property - 1824 - 512 pages
...that the cause why it is called mortgage is, for that it is doubtful whether the feoffor will pay, at the day limited, such sum or not ; and if he doth...is taken from him for ever, and so dead to him upon a condition." Nn>56x>Fonn ^' ^ aPPears from this passage that a mortgage was created by a conveyance... | |
| Sir Edward Coke, John Henry Thomas - Land tenure - 1827 - 884 pages
...that (he cause why it is called mortgage is, for (hut if is dmibtful whether the ftoffor (47) will pay at the day limited such sum or not : and if he doth not pity, then the land which is put in pledge upon condition for the payment of the money, is taken from... | |
| Sir Edward Coke, Sir Thomas Littleton, Thomas Coventry - Land tenure - 1830 - 716 pages
...that it is doubtful whether the feoffbr will pay at the day limited ftich sum or not : and if he does not pay, then the land which is put in pledge upon condition for payment of the money, is taken from him for ever, and so dead to him upon condition, Sfc. And if he... | |
| Sir Edward Coke, John Henry Thomas - Land tenure - 1836 - 796 pages
...the cause why it is called mortgage is, for that it is doubtful whether the feoffor (47) ivill pay at the day limited such sum or not: and if he doth...payment of the money, is taken from him for ever, and ко dead (48) to him upon condition, $-c. And if he doth pay the money, then the pledge is dead to... | |
| Joshua Williams - Real property - 1845 - 458 pages
...origin of the term mortgage or mortuum vadium, " for that it is doubtful whether the feoffor yrill pay at the day limited, such sum or not ; and /if he doth...payment of the money, is taken from him for ever, and is dead to him upon condition, &c. And if he doth pay the money, then the pledge is dead as to the... | |
| Sir Thomas Littleton - Land tenure - 1846 - 276 pages
...seemeth that the cause why it is called mortgage is, for that it is doubtful whether the feoffor will pay at the day limited such sum or not : and if he doth...from him for ever, and so dead to him upon condition, &c. And if he doth pay the money, then the pledge is dead as to the tenant, &c. NOTE. — The subject... | |
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