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Green’s Appeal, 97 Pa

Categories: Contracts

Definition (1910 Edition)

347.—First mortgage bonds. Bonds the payment of which is secur ed by a first mortgage on property. Bank of

347. Properly speaking, however, the term designates the second of a series of mortgages, not necessarily the second lien. For instance, the lien of a judgment might intervene between the first and second mortgages; in which case, the second mortgage would be the third lien —General mortgage. Mortgages are sometimes classified as general and special, a mortgage of the former class being one which binds all property, present and future, of the debtor (sometimes called a “blanket” mortgage); while a special mortgage is limited to certain particular and specified property. Barnard v. Erwin, 2 Rob. (La.) 415.—Judicial mortgago. In the law of Louisiana. The lien resulting from judgments, whether rendered on contested cases or by default, whether final or provisional, in favor of the person obtaining them. Civ. Gode La. art. 3321 .— = mortgage. A term used in Louisiana. The law alone in certain cases gives to the creditor a mortgage on the property of his debtor, without it being requisite that the parties should stipulate it. This is called “legal mortgage.” Civ. Code La. art. 3311.—Mortgage of goods. A conveyance of goods in gage or mortgage by which tlie whole legal title passes conditionally to the mortgagee; and, if the goods are not redeemed at the time stipulated, the title becomes absolute in law, although equity will interfere to compel a redemption. It is distinguished from a “pledge’’ by the circumstance that possession by the mortgagee is not or may not be essential to create or to support the title. Story, Bailm. § 287.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.