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Descrição do livro
The Law Library. This entry provides a mid-19th-century English legal treatise on mortgages, focusing on redemption, foreclosure, and the sale of encumbered property, with attention to priority among incumbrancers. It defines redemption as the equitable right to reclaim ownership by paying debt and costs, and foreclosure as the mortgagee’s remedy to obtain title for nonpayment, noting the equities of redemption as an assignable and devisable interest. It surveys securities such as legal mortgages, Welsh mortgages, Bristol bargains, repurchase arrangements, redeemable annuities, and settlements that resemble mortgages, and explains how courts test for substance over form to distinguish mortgage from sale. It covers evidentiary rules, including payment of interest, memoranda, and parol evidence, and outlines the framework for notices and priority among creditors. A substantial portion treats ship securities, registration under Merchant Shipping Acts, bottomry, and hypothecation. It also surveys receivers, costs, and the procedures of equity courts, aiming to guide practitioners through the evolving English mortgage law as framed by statutes and authorities of the period.
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