| Robert Dewey Benedict, Benjamin Lincoln Benedict - 1872 - 640 σελίδες
...authorized (The Federalist, No. 44) ; and the taking of a bond, with sureties, is one of the ordinary means of securing the payment of a debt, or the performance of a duty. And sovereignties and states, as well as municipal corporations and individuals, have, unless prohibited... | |
| 1889 - 960 σελίδες
...conveyance of land as security." 1 Jones, Mortg. § 16. "No conveyance сап be a mortgage unless it is made for the purpose of securing the payment of a debt or the performance of a duty, either existing at the time the conveyance is madeor to be created, or to arise in the future. Worlty v. Dryden, 57... | |
| Montana. Supreme Court, Henry Nichols Blake - 1888 - 696 σελίδες
...conveyance of land as security." Jones on Mortgages, sec. 16. "No conveyance can be a mortgage, unless it is made for the purpose of securing the payment of a debt or the performance of a duty, either existing at the time the conveyance is made or to be created or to arise in the future." Morley v. Dryden, 47... | |
| 1903 - 1116 σελίδες
...conveyance of land as security.'" 1 Joncs, Mort. § 16. " No conveyance can be «. mortgage unless it is made for the purpose of securing the payment of a debt or the performance of a duly, either existing at the time the conveyance is made, or to be created, or to arise in the future."... | |
| Ohio. Courts - 1905 - 750 σελίδες
...conveyance. It may be taken as universally true in law, that no conveyance can be a mortgage unless it is made for the purpose of securing the payment of a debt or the performance of a duty. "If payment of money is the object of the security or conveyance, then there must exist a duty to pay... | |
| Montana. Supreme Court - 1905 - 812 σελίδες
...whether a deed absolute on its fact is a mortgage is that no conveyance can be a mortgage unless it is made for the purpose of securing the payment of a debt or the performance of a duty existing at the time the conveyance is made, or to be created or to arise in the future. (Gassert v.... | |
| Ohio. Superior Court (Cincinnati), Lewis Montgomery Hosea - 1907 - 568 σελίδες
...conveyance. It may be taken as universally true in law, that no conveyance can be a mortgage, unless it is made for the purpose of securing the payment of a debt, or the performance of a duty, * • * *. If payment of money is the object of the security or conveyance, then there must exist a... | |
| William Frederick Elliott - 1913 - 1292 σελίδες
...NW 64; Jenkins v. Stewart, 13 Ky. L. 112, 16 SW 356; Sebree v. Thompson, 31 Ky. L. 1146, 104 SW 781. conveyance can be a mortgage unless made for the purpose...by any express covenant, or by any separate written security.27 It is a question of fact, for the determination 6f which equity allows a wide range of... | |
| Ezra Christian Ebersole - 1914 - 1698 σελίδες
...conveyance of personal property by one called the "mortgagor" to another called the "mortgagee," for the purpose of securing the payment of a debt or the performance of some other obligation, upon condition that the conveyance shall be void upon the payment of the debt... | |
| Missouri. Supreme Court - 1918 - 882 σελίδες
...clear and convincing proof. Ib. 7. : No Debt. A conveyance cannot be held to be a mortgage unless it is made for the purpose of securing the payment of a debt or the performance of an existing or future obligation. Ib. 8. : Bond for Support. A deed from the owner of land to his daughter... | |
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