Page:Black's Law Dictionary (Second Edition).djvu/802

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MORTGAGE 794 MORTUUM VADIUM

a mortgage which is a first lien on the property, MORTGAGOR. He that gives a mof!- not only as against other mortgages, but as guga

zgainst Amy fitlgerr chargers or incnmbrances.

' ' P 4 3*} Pi t t . llgfitil: 13fii):(is' the piiymeni:_ot :v'i:iciini: MORTH. Sax. Murder, answering ex-

ed by a first mortgage on property. Bank of Atchison County v. Byers, 1.39 M0. 627, 41 S. \\. 325- Minnesota & P. R (‘o. v. Sibley. 2 (Gil. 1); Com. v. Willianistown, 156 Mass. 70, 30 N. E. 472.—Seconii mortgage. One which takes rank immediately after a first mortgage on the same property, without any intervening liens, and is next entitled to satisfaction out of the proceeds of the property. Green's Appeal, 97 Pa. 347. Properly speaking, howeier, the term designates the second of a series of mortgages. not necessarily the second licn. For inslnncc, the lien of a judgment might intervene between the first and second mortgages; in which case, the second mort- gage would he the third lien.—Genera.1 mort- gage. Mortgages are sometimes classified as general and special, a mortgage of the former i-lass being one which binds all property, present and future, of the debtor (sometimes called a "blanket" mortgage); while 9. special mort- gage is limited to certain particular and speci- fied property. Barnard v. Erwin, 2 Rob. (La.) 4l5.—Jud.-icial mortgage. in the law of Lou- isiana. The lien resulting from judgments, whelher rendered on contested cases or by default, whether final or provisional. in favor of the person obtaining them. Civ. Code Ln. art. 33151 —Legal mortgage. A term used in I .ou— isiana. 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. ’lhis is called “legal moitgn_ze." Clv. Code La. art. 3311.—Mort- gage of goods. A conveyance of goods in gnge or mortgage by which the whole legal title passes conditionally to Lhc mortgagee: and, if the goods nrc not redeemed at the time stipu- lated, the title becomes absolute in law. al- though equity will interfere to compel a redemption. It is distinguished from a "pledge" by the circumstance that possession by the mort- gagee is not or may not be essential to create or to support the title. Story. Bailm. § 297. See Ci'iA’i'rEL ltloizrnaon.—PIu-chase-muiiey mortgage. A mortgage given. concurrently with 21 conveyance of land, by the venrlee to the vendor, on the same land, to secure the unpaid balance of the purchase price. See Baker v. Clapper, 26 Tex. 620. 84 Am, Dec. 59'l.—T:iciI: mortgage. In Louisiana. The same as a "iCg'—'ll' niortizuge. See supru.—Welah mort- gage. In English law. A species of security which partalics of the nature of :1 niortgagc, as there is a debt due, and an estate is given as security for the repayment, but differs from it in the circumstances that the rents and profits are to be received without account till the pricnipal money is paid on’, and there is no remedy to enforce payment, while the mortgagor has a perpetual power of redemption. It is now {are- iy used. 1 Pow. Mortg. 373a. See O'Neill v. Gray. 39 Hun (N. Y.) 586; Bentley v. Phelps, 3 1*‘cd. Cas. 2&0.

MORTGAGEE. He that takes ccires a mortgage.

--dV1ox-tgagee in possession. A mortgagee of real property who is in possession of it with the agreement or assent of tlic nl0l'fg:l',;’UI‘, express or implied, and in recognition of his mort- gage and because of it, and under such circum- stances as to make the satisfaction of his lien an equitable prerequisite to his being di ossess-

01' re-

ed. Sec Rogers v. Benton. 3!) Minn 3 . S N. W. 7155, l; Am. St. Rep 613; else v. . orton.

65 Kan. 778. 70 Pa . 890, 93 Am. St. Rep. 303: Stuutfer v. Ilurlan. 63 Kan. 135. 74 Pac. 610. 64 L. R. . 20, 104 Am. SL Rep. 396. Freeman v. Campbell, 109 Cal. 360, 42 Pac. 35.

actly to the French "as.-m.\:si-not" or "miicrtre de pilot-opens."

MOETELAGA. A murderer. Oowell.

MOETHLAGE.}} Murder. Cowell.

MORTIFICATION. In Scott-h law. A term nearly synonymous with "murtniain." Bell. Lands are said to be mortified for B charitable purpose.

MOETIS CAUSA. Lat. By reason of death; in contemplation of death. Thus used in the phrase “Domino mortis cause," (q. in

Martin momentum est iiltimnm vitae momentum. The last moment of life is the moment of death. Terrill v. Public Adin'r, 4 Bmdt. Snr. (N. Y.) 245, 250.

MORTMAIN. A term applied to denote the alienation of lands or teneiiients to any corporation, sole or aggregate. ecclesiistlcal or temporal. These purchases having been chiefly made by religious houses, in conse- quence of which lands became perpetually inherent in one dead hand. this has occa- sioned the geueral appellation of "mortmi1in" to he applied to such nlienations. 2 BL Comm. 268; C0. Litt. 2b; Pcrin v. Carey, 24 How. 495. 16 L Ed 701.

—Mortmsin acts. These acts had for their object to prevent lands getting into the possession or control of religious corporations, or, as the name indicates, in marine mizmi, After numerous prior acts dating from the reign of

Edward I., it was enacted by the statute 9 Geo. II. c. 36, (called the “Mortmain Act" par ew- ccllcn-es.) that no lands should be ,-given to charities unless certain requi 'tes shoiiid be observ- §g.4 Brown. Yates v. iates, 9 Bath. (N. Y.)

MORTUARY. In ecclesiastical law. A burial-place. A kind of ecclesiastical heriot. being a customary gift of the second best living animal belonging to the deceased. claimed by and due to the minister in many parishes. on the death or his parishioners, vshcther buried in the church-yard or not. 2 Bl. Comm. 425. Ayrton v. Abbott, 14 Q. B. 19.

It has been sometimes used in a civil as well as in an ecclesiastical sense, and applied to a payment to the lord of the tee. Paroch. Antiq. 470.

MOETUARY TABLES. Tables for estimating the probable duration of the life of a party at a given age. Gallagher r. liar- ket St. Ry. Co., 67 Cal. 16, 6 Puc. 871, 51 Am. Rep. SSO.

MORTUUM VADIUM. A dead pledge;

11 moftgfige. (iI- 'v.;) a pledge where the profits