 | Alabama. Supreme Court - 1883 - 770 σελίδες
...notice. 2. Xante ; sale under pmrtr in mortgage. — When lands are sold under a power contained in a mortgage, or deed of trust in the nature of a mortgage, the sale cuts off and bars the equity of redemption as effectually and completely as a decree of foreclosure... | |
 | Ohio. Supreme Court - 1885 - 1744 σελίδες
...stipulated, " the conveyance shall be void and of no effect." It is not an unconditional deed of trust, but a mortgage, or deed of trust in the nature of a mortgage. It is not an absolute and indefeasible title in the trustee for the purposes expressed in the trust,... | |
 | 1907 - 2136 σελίδες
...mortgage and a deed of trust, in the case of Ladd v. Johnson, 32 Or. 195, 200, 40 Pac. 756. He says: "A mortgage or deed of trust in the nature of a mortgage is intended as serarity for the payment of money, or for the performance of some collateral act, Md... | |
 | 1880 - 1956 σελίδες
...question to be determined is the character of this instrument. The interpleader maintains that it is a mortgage, or deed of trust in the nature of a mortgage, and the attaching creditor insists that it is an assignment for the benefit of creditors, and that,... | |
 | Jairus Ware Perry - 1882 - 732 σελίδες
...credit, or the money is lost in any way, he must still account for it.6 § 602 cc. If a power of sale in a mortgage or deed of trust in the nature of a mortgage is not regularly executed, the right of redemption is not foreclosed or barred ; but the mortgagor... | |
 | 1889 - 960 σελίδες
...an assignment, Bish. Insolv. § lO-i, says: "* * * The distinction, however, is one clearly defined. A mortgage, or deed of trust in the nature of a mortgage, is a security for a debt. An assignment is more than that. It is an absolute appropriation of property... | |
 | 1884 - 1022 σελίδες
...stipulated, " the conveyance shall be void and of no effect.'' It is not an unconditional deed of trust, but a mortgage, or deed of trust in, the nature of a mortgage. It is not an absolute and indefeasible title in the trustee for the purposes expressed in the trust,... | |
 | Charles Theodore Boone - 1884 - 598 σελίδες
...soin Florida.8 A clear distinction is to be observed between an unconditional deed of trust, and a deed of trust in the nature of a mortgage.» The former...subject-matter thereof for the purpose expressed, while the latter is conditional and defeasible.10 Deed of trust in the nature of a mortgage is now... | |
 | 1886 - 892 σελίδες
...Dec. 655, and not* thereto. THXRE m Wnx-8«rnjSD DiarmcriOK BETWEEN UNCONDITIONAI, DEED or TRUST and a deed of trust in the nature of a mortgage. The former is a conveyance to a trustee for the purpose of raising a fond to pay debts; the lattei is a conveyance... | |
 | 1886 - 868 σελίδες
...359. It is manifest, from this distinction, that the conveyance in controversy in this case was not a mortgage, or deed of trust in the nature of a mortgage, but an absolute deed of trust; and therefore, that it took effect from the time of its delivery, on... | |
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There is a manifest and well-settled distinction between an unconditional deed of trust, and a mortgage or deed of trust in the nature of a mortgage. 
