A Treatise on the Law of Mortgages and Deeds of Trust: Founded on the Laws and Judicial Decisions of the State of Illinois

Henry Campbell Black

Callaghan, 1903 - 621 páginas

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72	xlvii

THE NATURE OF MORTGAGES 1 Ancient History of Mortgages	1

Roman Law of Mortgages	6

Effect of Defects or Irregularities	8

Influence of Roman Law on English Law of Mortgages 4 Strict CommonLaw Doctrine of Mortgages	10

Origin and Establishment of the Equity of Redemption	11

CommonLaw and Equitable Doctrines Concurrent	14

Mortgages in Illinois	16

Sale of Land Subject to Existing Mortgage	304

Assumption of Mortgage by Purchaser	305

Same Deduction of Mortgage from Purchase Price	307

Same Estoppel to Dispute Mortgage 259 Same Personal Liability of Purchaser	308

Same Mortgagees Right of Action Against Purchaser	309

Same Liability of Purchaser by Mesne Conveyances	310

Release of Mortgagors Liability 263 Mortgagors Liability as Surety	312

Sale of Part of Mortgaged Land Order of Liability on Fore	313

Once a Mortgage Always a Mortgage Termination of Mortgagees Title	21

Mortgage Distinguished from Assignment for Creditors 11 Conditional Sales Distinguished 12 Same Intention of Parties to Govern	24

Same Presumption from Face of Papers	25

Same Tests for Determining Character of Transaction 15 Same Existence of Debt or Loan 16 Same Previous Negotiations of the Parties 17 Same Inad...	28

Same The Rule in Cases of Doubt	29

CHAPTER II	30

Absolute Conveyance with Parol Defeasance	33

Mortgages Defectively Executed	34

Same In Actions at	35

Grounds of Equitable Jurisdiction	36

Parol Evidence Admissible	38

Presumption and Burden of Proof	39

Quantum of Evidence Required	40

What Evidence Admissible	41

Same Declarations of Parties	43

Same As to Existence of Debt	44

Rights of Grantor	46

Loss or Relinquishment of Equity of Redemption	48

Rights of Creditors of Grantor	49

Rights of Purchaser from Grantee	50

Agreement to Give a Mortgage 37 Advance of Purchase Money	52

Vendors Lien 39 Deposit of Title Deeds	57

CHAPTER IV	59

ASSIGNMENT OF MORTGA	60

Trust Deeds Not Contrary to Public Policy 42 Holder of Obligation Secured	61

Legal Title Vested in Trustee	62

Estate Remaining in Grantor 45 What Persons Competent as Trustees	64

Removal and Substitution of Trustees	66

Powers and Duties of Trustees	68

Release on Payment	70

Mortgages with Power of Sale	71

CHAPTER V	73

Mortgage of Corporate Franchises	74

Authority of Board of Directors	76

Mortgage made by Officers of Corporation	78

Tax and Insurance Clauses 69 Provision for Solicitors Fee 70 Clause of Defeasance 71 Statutory Form of Mortgage Erasures and Alterations 73 Fillin...	84

Rules for Construction of Mortgages	100

Reformation of a Mortgage in Equity	101

Same as to Mistakes of	102

Equity Will Not Create New Contract	103

Reforming Mortgage of Married Woman 79 Intervening Rights of Third Persons	104

Cancellation of Mortgages	106

CHAPTER VII	107

Undivided Interests in Land	108

Necessity of Acknowledgment 83 Who May Take Acknowledgment	109

Disqualification of Officer Taking Acknowledgment	110

Acknowledgment Taken in Another State	111

Requisites of Certificate	112

Impeaching Certificate of Acknowledgment	113

Damages for False Certificate	114

Delivery of a Mortgage	115

Constructive Delivery	116

CHAPTER VIII	117

Inchoate Title to Public Lands	135

Buildings Considered as Realty	136

CHAPTER X	138

Same Release of Homestead	140

Same PurchaseMoney Mortgage	141

AfterAcquired Title	142

Fixtures	144

Rules for Determining Fixtures	145

Improvements on the Land	147

Products of the Soil	148

Accretions	149

Rents and Profits 121 Mortgage of Both Realty and Personalty	150

CHAPTER XI	151

Effect of Description of Debt in the Mortgage	153

Future Advances	156

Mortgage by Surety or Guarantor	157

Indemnity Mortgages	158

Usury	160

Same Commissions of Broker or Agent	161

Same Interest on Overdue Interest 131 Same Stipulation for Attorneys Fee Taxes and Insurance	163

Same Contracts of Loan Associations	164

Same Conflict of Laws 134 Same Relief in Equity on Bill to Redeem	165

Same On Bill for Foreclosure	166

Right of Mortgagors Grantee to Plead Usury	167

Right of Junior Mortgagee to Allege Usury	169

Same Undue Influence	171

Mortgages Obtained by Duress	178

Illegality of Consideration	180

Agreement to Stop Criminal Prosecution	181

Gambling Contracts	182

Confiict of Laws	183

CHAPTER XIII	185

Contents of Record Description of Property 151 Same Statement of Amount of Debt	187

Place of Record	188

Effect of Unrecorded Mortgage	189

Record as Constructive Notice	190

Effect of Destruction of Record 156 Registration Under Land Titles	191

CHAPTER XIV	193

Subsequent Conveyance Subject to Lien	196

Lien of Mortgage as Against Equities of Third Persons	197

Priority as Against Judgment Liens	199

Priority as Between Mortgage and Mechanics Lien 162 Priority as Fixed By Date of Record	200

Same Mortgages Filed the Same	201

Priority of Taxes and Other Statutory Liens	203

Displacement of Mortgage Lien by Receivers Certificates	204

Postponement of Elder to Junior Lien	205

PurchaseMoney Mortgages	206

Lien of Unrecorded Mortgage	209

CHAPTER XV	210

Rights of Junior Mortgagee Paying Off Senior Mortgage	212

Doctrine of Tacking	213

174 Redemption from Elder Mortgage	214

Compelling Foreclosure of Senior Mortgage 176 Effect of Foreclosure of Senior Mortgage	215

Who May Make Assignment 180 Capacity of Assignee	221

Consideration for Assignment	225

Mode of Making Assignment	226

Assignment of Debt Without Mortgage	227

Assignment of Mortgage Without Debt	228

Constructive and Equitable Assignments	229

Assignment of Trust Notes 187 Separate Assignment of Separate Notes	231

Same Order of Payment	232

Assignment as Collateral Security 190 Successive Assignments	235

What Passes by Assignment	238

Right of Assignee to Foreclose 193 Giving Notice to Mortgagor	240

Recording Assignment 195 Assignment Subject to Equities Between Original Parties	242

Same Estoppel of Mortgagor to Defend	244

Same Exceptions to General Rule	246

Same The Act of 1901	247

Same Rule of the Federal Courts	248

Same Latent Equities of Third Persons	249

Discharge or Release of Mortgage by Assignor	250

Guaranty of Notes and Mortgage Assigned	252

CHAPTER XVII	254

Mortgaging Insured Premises Effect on Policy	256

Same Absolute Deed as Mortgage 206 Same Alienation by Foreclosure	258

Insurable Interest of Mortgagor	259

Insurance by Mortgagor for his own Benefit	260

Covenant of Mortgagor to Insure	261

Same Charging Mortgagor with Premiums	262

Same Mortgagees Equitable Lien on Policy	263

Assignment of Policy to Mortgagee	264

Effect of Making Policy Payable to Mortgagee	265

Same Adjustment of Loss	266

Special Mortgage Clause in Policy	267

TAXATION OF MORTGAGES AND OF MORTGAGED LANDS 219 Taxation of Mortgages	272

Not Invalid as Double Taxation 221 Situs of Mortgages for Purposes of Taxation	273

Same Case of State Tax on ForeignHeld Bonds	274

Same Mortgages Held by NonResidents 224 Same Mortgages in Hands of Local Agents	275

Assessment of Taxes on Mortgaged Lands 226 Relative Rank of Tax Lien and Mortgage Lien	276

Payment of Taxes by Mortgagor	277

Effect of Tax Clause in Mortgage	278

Payment of Taxes by Mortgagee	279

Tax Sale of Mortgaged Lands	281

Notice of Redemption from Tax Sale 232 Redemption or Purchase of Outstanding Tax Title	283

Suit to Set Aside Tax Sale	284

CHAPTER XIX	285

Redemption by Heir Contribution by Widow	288

Dower in Surplus on Foreclosure	289

CHAPTER XX	291

Duty to Protect Mortgagees Interests	292

SALE OR TRANSFER OF MORTGAGED PREMISES 8 252 Sale of Equity of Redemption	301

Same Mortgage Not Recorded	302

Same Covenant Against Incumbrances	303

Same Land Sold Successively in Parcels	315

Judicial Sale of Mortgaged Land	316

Partition of Mortgaged Estate	317

Condemnation of Mortgaged Land under Eminent Domain	320

Dedication of Mortgaged Property to Public	322

CHAPTER XXII	323

Release of Part of Mortgaged Property	327

Successive Partial Releases on Payment by Installments	328

Effect of Release on Junior Liens	329

Renewal by Taking New Mortgage	330

Change or Substitution of Securities	331

Extension of Time of Payment	332

CHAPTER XXIII	335

Merger of Estates in Mortgagee	341

Mortgagee Buying at Judicial Sale	342

Purchase of Mortgage by owner of Equity of Redemption	344

Equitable Rule as to Merger 292 Same Intention of Parties	345

Same Interests of Parties	346

CHAPTER XXIV	348

To Whom Payment to be Made	350

Same Agent of Mortgagee	351

Medium of Payment	352

Substitution of Securities	353

Application of Payments	354

Evidence of Payment	356

Presumption of Payment from Lapse of Time	357

Effect of Payment	358

Tender 304 Form of Satisfaction or Discharge 305 Entry of Satisfaction on Margin of Record 306 Penalty for Failure to Enter Satisfaction	362

Fraudulent or Forged Satisfaction	363

NonResident Defendant	364

Cancelling Entry of Satisfaction	365

Release of Deed of Trust	366

General Doctrine of Subrogation	367

Subrogation on Partial Payment 312 Who Entitled to Subrogation	368

The Right to Foreclose	369

Same Purchaser of Mortgaged Premises	370

Same Purchaser at Void Foreclosure Sale	371

Same Stranger Advancing Money to Pay Mortgage 316 Volunteer Not Entitled to Subrogation CHAPTER XXV	373

Same In the Federal Courts	374

The Right of Redemption	375

Laches Barring Right to Redeem	377

Constitutionality of Statutes Regarding Redemption 320 Construction of Statutes Allowing Redemption	379

What Constitutes Redemption 322 Parties Entitled to Redeem	380

Same Junior Mortgagee	383

Same Volunteer	384

Redemption by Stranger for Mortgagors Benefit	385

Amount Required for Redemption	386

Partial or Proportionate Redemption	387

Agreement to Extend Time for Redemption	390

Redemption After Foreclosure Sale	391

Same By Judgment Creditor	394

Same Railroad Mortgages 333 Same Mode of Effecting Redemption	398

Same Paying Redemption Money to Clerk of U S Court 335 Suit in Equity to Redeem	400

Same Decree Terms Costs	402

CHAPTER XXVI	404

As Between Grantees of Different Parcels	406

As Between Life Tenant and Reversioner	407

As Between Junior Mortgagees	408

CHAPTER XXVII	409

Charge for Rents and Profits	412

Allowance for Taxes and Insurance 346 Allowance for Repairs and Improvements	414

Discharge of Prior Incumbrances	416

CHAPTER XXVIII	417

Rights as Against Lessee in Possession	419

Action at Law to Recover Debt	420

Choice of Methods of Foreclosure	422

CHAPTER XXIX	424

Breach of Condition	437

Partial and Successive Foreclosures	438

Right to Anticipate Maturity of Debt	440

Same Notice of Mortgagees Election	442

Same Waiver of Forfeiture	443

Proceedings Against Estate of Deceased Mortgagor	444

LIMITATION OF ACTIONS 376 Statutory Limitation as to Foreclosures 377 Action After Debt is Barred 378 Circumstances Arresting the Statute 3...	445

Limitation in Case of Absolute Deed	448

PARTIES IN FORECLOSURE 381 General Rule as to Parties	449

Joint Mortgagees and Holders of Separate Notes	450

Mortgagees Successor in Interest 384 Representatives of Deceased Mortgagee	451

Parties	452

Corporation and Stockholders	453

Subsequent Purchaser from Mortgagor	454

When Mortgagor not a Necessary Party	455

Tenants in Possession 392 Adverse Claimants	456

Assignee in Bankruptcy of Mortgagor	457

Wife of Mortgagor	458

396 Heirs of Mortgagor	459

Junior Incumbrancers	460

Senior Incumbrancers	461

Defendants Plea and Answer	463

Pleading	464

Evidence in General	465

Proof of Debt	466

DEFENSES 406 Defenses Available to Defendant 406 Defect or Failure of Title 407 Setoff	468

APPOINTMENT OF RECEIVER 408 Grounds for Appointing Receiver 409 Where Mortgage Covers Rents and Profits 410 Appointing Receiver aft...	473

Rights and Duties of Receiver	478

Discharge of Receiver PART VIII DECREE OF FORECLOSURE	479

Decree of Strict Foreclosure	481

Same When not Proper	482

Same Cases Excepted by Statute 417 Frame of Decree of Strict Foreclosure	483

Decree of Foreclosure and Sale	484

Adjudication as to Amount	486

Terms as to Payment and Redemption	488

Personal Judgment not Proper	489

Validity and Effect of Decree	490

Review and Vacation of Decree	491

Conclusiveness of Decree	492

Lien of Decree	493

Decree for Deficiency	494

Jurisdiction	495

Same What Persons Liable	496

SALE ON FORECLOSURE 429 Formalities of Sale 430 Notice of Sale 431 Adjournment of Sale 432 Order of Sale	497

Sale in Separate Parcels	502

Married Women	504

RIGHTS OF FORECLOSURE PURCHASER 442 Title Acquired by Purchaser	510

How Affected by Errors or Reversal of Decree	512

Rights of Purchaser Under Invalid Sale 445 Rule of Caveat Emptor	513

Possession Pending Redemption	514

Deed to Purchaser	515

Recovery of Possession Under Deed	516

Same Action of Forcible Detainer 450 Same Writ of Assistance	518

FEES AND COSTS 451 Taxation of Costs 452 Allowance of Attorneys Fees 453 Stipulation in Mortgage for Attorneys Fees	521

What is a Reasonable	524

Bill Must Pray Allowance of Fees	525

Allowance of Fees to Other Incumbrancers Made Parties 457 Attorneys Fee on Foreclosure of Trust Deed	526

DISTRIBUTION OF PROCEEDS 458 Application of Proceeds to Mortgage Debt	527

Same Mortgage Notes Held by Different Persons	528

Right to Surplus 461 Application of Surplus to Junior Liens	529

CHAPTER XII	531

Notice of Sale	539

Time and Place of Sale	542

Presence of Trustee at Sale 471 Conduct of the Sale	543

Order of Sale	545

Terms of Sale	546

CHAPTER XXXII	562

Same Assignment for Creditors Under State Law 488 Jurisdiction Depending on Diverse Citizenship	563

Same Suit by Assignee	566

Jurisdiction Independent of State Statutes 491 Procedure Conforming to State Practice	568

Allowing Redemption	569

Defense of Ultra Vires and Invalidity 55 Mortgages by Railroad Companies 56 Religious Corporations	582

Loan Associations 58 Municipal Corporations 59 Consolidated Corporations	583

Defenses	585

Nature of Mortgagees Title	588

FORM AND CONTENTS OF MORTGAGES	591

Statement of Debt Secured 64 Anticipation of Time of Payment 65 Covenant for Payment of Debt 66 Habendum 67 Covenants of Title and Warranty	592

Marshalling Securities	598

Judgment	599

Restraining Commission of Waste 248 Remedy for Impairment of Security 249 Rights of Mortgagee in Possession 250 Right to Rents and Profits 251...	600

Execution	601

Infants 93 Guardians 94 Lunatics and Spendthrifts 95 Executors and Administrators	603

Partners 97 Agents and Attorneys 98 Trustees 99 Receivers 100 Joint Mortgagors and Joint Mortgagees 101 Foreign Corporations as Mortgagees 102...	604

Setting of Homestead	610

Who May Purchase 436 Combinations Among Bidders 437 Rights and Liabilities of Bidders 438 Report and Confirmation of Sale	612

Purchase by Mortgagee at his own Sale 477 Effect of Sale Under Power	617

Attorneys Fees 495 Writ of Assistance to Purchaser 496 Decree not Reviewed or Vacated by State Courts	619

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A Treatise on the Law of Mortgages and Deeds of Trust: Founded on the Laws ...
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A Treatise on the Law of Mortgages and Deeds of Trust: Founded on the Laws ...
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Términos y frases comunes

acknowledgment acquired action actual affirming agreement allowed amount appears applied assignment authority Bank become benefit bill bond claim condition consideration contract conveyance conveyed corporation court creditor debt debtor decree deed of trust defendant effect enforced entitled equity equity of redemption evidence execution existence fact foreclose foreclosure fraud gage give given grantee grantor hand held hold holder Illinois intended interest judgment junior land latter lien Loan ment mort mortgage mortgage debt mortgagor N. E. Rep necessary notice obligation original owner paid parties pass payment person possession premises principal proceedings proper purchaser question reason received record redeem redemption regarded release remains rule sell Smith sold statute subsequent sufficient suit taken third tion transaction unless valid void

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Página 307 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.

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Título	A Treatise on the Law of Mortgages and Deeds of Trust: Founded on the Laws and Judicial Decisions of the State of Illinois
Autor	Henry Campbell Black
Editor	Callaghan, 1903
Procedencia del original	Universidad de Harvard
Digitalizado	3 Oct. 2007
Largo	621 páginas

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