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absolute action affirmed agreement alleged amount assignment attornment Bank bill bond and mortgage chattel chose in action claim common law complainant condition consideration contract conveyance conveyed Court of Appeals Court of Chancery court of equity covenant creditors decree deed default defeasance defendant delivered doctrine dower enforce entitled equitable lien equity of redemption evidence executed existence fact foreclose foreclosure fraud gage gagor given grant grantor heirs held incumbrance instrument intended interest Judge judgment land lease legal title liable lien loan Lord ment mort mortgage debt mortgaged premises mortgagor Moss Roberts notice opinion owner paid parol parties person plaintiff pledge possession principle purchaser question real estate recorded recover rents and profits right of redemption rule secure the payment seisin sold statute statute of frauds subsequent supra Supreme Court tenant tender thereof tion transaction trial trust usury valid void
Page 250 - ... every such conveyance not so recorded shall be void, as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.
Page 163 - ... absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, is filed as directed in this article.
Page 631 - A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Page 24 - ... if the court should be of opinion that the plaintiff was not entitled to recover.
Page 163 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 662 - Recording books. —Different sets of books must be provided by the recording officer of each county, for the recording of deeds and mortgages; in one of which sets, he must record all conveyances and other instruments absolute in their terms delivered to him, pursuant to law, to be so recorded, which are not intended as mortgages, or securities in the nature of mortgages, and in the other set, such mortgages and securities delivered to him.
Page 763 - ... together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises.
Page 202 - A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed.