 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 to executors;...  Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin - Page 427by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861Full view - About this book
 | William Roberts - Evidence (Law) - 1807 - 522 pages
...estate in the land along with it, to every purpose ; that the estate in the land is the same thing as the money due upon it ; it will be liable to debts...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... | |
 | 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.... | |
 | William Cruise - Real property - 1835 - 436 pages
...Bun. 978. 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 to executors, it will pass by a will not of Frauds. The assignment of the debt, or forgiving it, will draw the land after it, though the debt... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1836 - 796 pages
...be entitled to the land, Ella v. Greaves, 2 Ca. in Ch. 50. Harriett v. Klnaston, 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. Afowlin, 2 Burr. 969. And if the mortgagee by his will disposes of the money, it will carry... | |
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