 ... a mortgage is a charge upon the land ; and whatever would give the money will carry the estate in the land along with it, to every purpose. The estate in the land is the same thing as the money due upon it. It will be liable to debts ; it will go...  Reports of Cases Argued and Determined in the Court of Appeals of the State ... - Page 363by New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Samuel Hand, Joel Tiffany - 1867Full view - About this book
 | William Roberts - Evidence (Law) - 1807 - 522 pages
...is the same thing as the money due upon it ; it will be liable to debts ; it will go to executors ; it will pass by a will not made and executed with the solemnities required by the st?_ t tute of frauds. The assignment of the debt, or forgiving it, will draw the land after it, as... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 450 pages
...ibid. 3d. It will pass by a will not made according to the statute of frauds, ibid, and ii. 979. 4th. The assignment of the debt, or forgiving it, will draw the land after it. ii. 979. 5th. .So if the debt was forgiven only by parol. ibid. The proper way of reservinginterest,... | |
 | Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - Land tenure - 1818 - 752 pages
...land, Ellis v. Grearet, <*Са. in Ch. 50. Bnriiett v. Kinastim, Ч Vern. 401. : and it will p;is* by a will not made and executed with the solemnities required by the .-tatr.te of frauds. Martin v. Motrlln, 2 Г-iirr. ; 69. ч And if the mortgagee by his will dis]>o<es... | |
 | John Joseph Powell - Mortgages - 1822 - 648 pages
...mortgage is a charge, Лс. Staline; that a devise of it will pass the land to every purpose ; and that, by a will not made and executed with the solemnities required by the statute of frauds. Now, this, it is apprehended, must be understood as referring to the equitable operation of the will,... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1827 - 884 pages
...will be entitled to the land, Elfo v. Oreares, 2 Ca. in Ch. 50. Rarnett v. Kinastm, 2 Vern. 401. : and it will pass by a will not made and executed with the solemnities required by the statute of frauds. Martin v. Mote/in, 2 Burr. 969. And if the mortgagee by his will disposes of thé money, it will carry... | |
 | Great Britain. Parliament. House of Lords, Richard Bligh - Law reports, digests, etc - 1829 - 732 pages
...is the same thing as the money due upon -it. It will be liable to debts ; it will go to executors ; it will pass by a will .not made and executed with...do it though the debt were forgiven only by parol ; for the right to the land would follow, notwithstanding the statute of frauds." Earl of Tankerville... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1882 - 638 pages
...debt itself." " In common sense, he baa ' only a pledge.' " Hilliard on Mori. 234, and cases cited. " The assignment of the debt or forgiving it will draw...do it though the debt were forgiven only by parol." Hilliard on Mori. 236 ; Frich, LK, in Thvrnbough v. Baker, 1 Cases in Ch. 285 ; 2 Story's Eq. Jur.... | |
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