The Principles of Equity: a Treatise On the System of Justice Administered ...

Cover The Principles of Equity: a Treatise On the System of Justice Administered ...
The Principles of Equity: a Treatise On the System of Justice Administered ...
George Tucker Bispham, Sharswood Brinton
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If a mortgagee agrees, in consid- eration of his mortgagor's conve3ang the property to him by a deed ab- solute in form, that the latter may buy it within a certain time at a designa^^ price, such agreement has the same effect as if the mortgagee had agreed that the mortgagor might redeem the property on the terms mentioned.
After the maturity of a mortgage debt the mortgagor conveyed the land mortgaged to the mortgagee by an absolute deed and the mortgagee then signed a paper agreeing to rent
...the land to the mortgagor's son and giving an option to buy the land within one year at a fixed price.
Afterwards the parties made another agreement as to the rent, and the mortgagee^grantee agreed that '^ if he wants to sell said fam:i'' be would give the mortgai^r the refusal to buy it at the same fixed price. Upon Digitized by VjOOQIC 240 MORTGAGES.
[PABT I.
the day after the mortgage is created; if he chooses so to do; ' but he cannot; by any form of language, part with it in favor of the mortgagee at the instant of the creation of the mortgage; ^ nor can he convey it to the mortgagee without consideration.* Where there is no consideration for such conveyance "the transfer is of no effect; and the equity remains in the mort- gagor." ^ The propositions stated in the preceding sentence were con- sidered; in England, in Lisle v.


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