 | Tennessee. Supreme Court, Return Jonathan Meigs - 1839 - 720 páginas
...equity follows the law; it does noi consider the / estate of the mortgage as defeated and reduced to 4 mere lien, but it treats it as a trust estate, and according td the intention of the parties as a qualified estate and security. When the debt is discharged there... | |
 | United States. Supreme Court - 1843 - 460 páginas
...this legal title is regarded as a trust estate, to secure the payment of the money; and, therefore, when the debt is discharged, there is a resulting trust for the mortgagor. Conard v. The Atlantic Insurance Company, 1 Peters, 441. It is upon this construction of the contract,... | |
 | Georgia. Supreme Court - 1847 - 710 páginas
...equally true in equity, for equity follows the law. It does not consider the estate of the mortgagee as defeated and reduced to a mere lien, but it treats...the debt is discharged, there is a resulting trust lor the morlgagor. It is therefore only in a loose and general sense that it is sometimes called a... | |
 | 1847 - 554 páginas
...this legal title is regarded as a trust estate, to secure the payment of the money ; and, therefore, when the debt is discharged, there is a resulting trust for the mortgagor. Civnard vi. the Atlantic Insurance Company, 1 Peters, 441. It is upon this construction of the contract,... | |
 | George Ticknor Curtis - 1854 - 674 páginas
...this legal title is regarded as a trust estate to secure the payment of the money ; and, therefore, when the debt is discharged, there is a resulting trust for the mortgagor. Conrad v. The Atlantic Insurance Company, 1 Peters, 441. It is upon this construction of the contract,... | |
 | Francis Hilliard - 1856 - 720 páginas
...more ; a transfer of the property itself, as security both in equity and law. It is a trust estate. When the debt is discharged, there is a resulting trust for the mortgagor. A mortgage is called a lien, only in a loose and general sense, in contrast with an absolute and indefeasible... | |
 | Iowa. Supreme Court - 1858 - 708 páginas
...equity, for in this respect equity follows the law. It does not consider the estate of the mortgagee as defeated and reduced to a mere lien, but it treats...resulting trust for the mortgagor. It is, therefore, only Porter et al. v. Green et al. in a loose and general sense, that it is sometimes called a lien, and... | |
 | Richard Peters - 1860 - 792 páginas
...equally true in equity: for in this respect equity follows the law. The estate is considered as a trust, and according to the intention of the parties, as a qualified estate, and security : where the debt is discharged, there is a resulting trust for the mortgagor. It is therefore only... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 822 páginas
...equity ; for in this respect equity follows the law. It does not consider the estate of the mortgagee as defeated and reduced to a mere lien, but it treats it as a trust estate, and according to Hie intention of the parties, as a qualified estate, and security. When the debt is discharged, there... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 700 páginas
...this legal title is regarded as a trust estate, to secure the payment of the money ; and, therefore, when the debt is discharged, there is a resulting trust for the mortgagor. Conard v. The Atlantic Insurance Company, 1 Pet. 441. It is upon this construction of the contract,... | |
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It is true, that, in the discussions of the courts of equity, a mortgage is sometimes called a lien for a debt ; and so it certainly is, and something more ; it is a transfer of the property itself as security for the debt. This must be admitted to be... 
