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" And it 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 not pay, then the land which is put in pledge upon condition for the payment of the money... "
A New Abridgement of the Law
των Matthew Bacon (fl.) - 1798
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Τόμος 17

Massachusetts. Supreme Judicial Court - 1864 - 580 σελίδες
...redeem. " If he" (the mortgagor), says Littleton, § 332, " doth not pay, then the land, which is put in pledge upon condition for the payment of the money, is taken from him forever, and so dead to him upon condition, &.c. And if he doth pay the money, then the pledge is dead...

Principles of the Law of Real Property: Intended as a First Book for the Use ...

Joshua Williams - 1866 - 480 σελίδες
...feoffor will pay at the day limited such sum or not : and if he doth not pay, then the land which is put in pledge upon condition for the payment of the money, is taken from him forever, and is dead to him upon condition, &c. And if he doth pay the money, then the pledge is dead...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 σελίδες
...day limited such sum or not; and if he doth not pay, then the land which is put in Kortright v. Cady. pledge upon condition for the payment of the money is taken from him forever, and so dead to him upon condition, &c. And if he doth pay the money,, then the pledge is dead...

Precedents and Forms in Conveyancing, Τόμος 2,Μέρος 2

Charles Davidson - 1869 - 958 σελίδες
...feoffor will pay at the day limited such sum or not ; and if he doth not pay, then the land which is put in pledge upon condition for the payment of the money is taken from him for ever, and so dead to him ; and if he doth pay the money, then the pledge is dead as to the tenant" (h); — and...

Albany Law Journal, Τόμος 3

1871 - 530 σελίδες
...feoffer will pay at the day limited such sum or not; and if he doth not pay, then the land which is put in pledge upon condition for the payment of the money is taken from him forever, and is dead to him upon condition, etc. ; and if he doth pay the money, then the pledge is...

An Epitome of the Law of Corporeal Hereditaments and Conveyancing

Henry Charles Deane - 1875 - 528 σελίδες
...certain day .£40 of money, then the feoffor may re-enter : if he doth not pay, then the land which is in pledge upon condition for the payment of the money is taken away from him for ever, and so dead to him upon condition. In time, however, the Court of Chancery...

An Introduction to the History of the Law of Real Property: With Original ...

Kenelm Edward Digby - 1876 - 486 σελίδες
...feoffor will pay at the day limited such sum or not : and if he doth not pay, then the land which is put in pledge upon condition for the payment of the money is taken from him for ever, and so dead to him upon condition. And if he doth pay the money, then the pledge is dead as to the tenant....

The national encyclopædia. Libr. ed, Τόμος 9

National cyclopaedia - 1879 - 692 σελίδες
...will pay, at the day limited, such sum or not : and if he doth not pay, then the land, which is put in pledge upon condition for the payment of the money, is taken from him for ever, and so dead to him, upon condition, &C. And if ho doth pay the money, then the pledge is dead as to the...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1881 - 702 σελίδες
...will pay, at the day limited, such sum, or not; and if he doth not pay, then the land which is put in *pledge, upon condition for the payment of the....- * „ ,,. money, is taken from him for ever, and so dead to him, upon condition, &e. And if he doth pay the money, then the pledge is dead as to the...

The Contract of Pawn: As it Exists at Common Law, and as Modified by the ...

Francis Turner - 1883 - 464 σελίδες
...time of the tender was past (a). " If he" (the mortgagor) " doth not pay, then the land which is put in pledge upon condition for the payment of the money, is taken from him for ever, and so dead to him." Hence the term mortgage, or mortuum vadium, as distinguished from pledge, or vivum...




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