a ſpecific ſum (e. g. 200đ.) and grants him an eſtate in fee, on condition that if he, the mortgagor, ſhall repay the mortgagee the ſaid ſum of 200đ. on a certain day mentioned in the deed, that then the mortgagor may re-enter on the eſtate ſo granted in pledge; or, as is now the more uſual way, that the mortgagee ſhall re-convey the eſtate to the mortgagor: in this caſe the land, which is ſo put in pledge, is by law, in caſe of non-payment at the time limited, for ever dead and gone from the mortgagor; and the mortgagee's eſtate in the lands is then no longer conditional, but abſolute. But, ſo long as it continues conditional, that is, between the time of lending the money, and the time allotted for payment, the mortgagee is called tenant in mortgage[1]. But, as it was formerly a doubt[2], whether, by taking ſuch eſtate in fee, it did not become liable to the wife's dower, and other incumbrances of the mortgagee (though that doubt has been long ago over-ruled by our courts of equity[3]) it therefore became uſual to grant only a long term of years, by way of mortgage; with condition to be void on re-payment of the mortgage-money: which courſe has been ſince continued, principally becauſe on the death of the mortgagee ſuch term becomes veſted in his perſonal repreſentatives, who alone are intitled in equity to receive the money lent, of whatever nature the mortgage may happen to be.
As ſoon as the eſtate is created, the mortgagee may immediately enter on the lands; but is liable to be diſpoſſeſſed, upon performance of the condition by payment of the mortgage-money at the day limited. And therefore the uſual way is to agree that the mortgagor ſhall hold the land till the day aſſigned for payment; when, in caſe of failure, whereby the eſtate becomes abſolute, the mortgagee may enter upon it and take poſſeſſion, without any poſſibility at law of being afterwards evicted by the mortgagor, to whom the land is now for ever dead. But here again the courts of equity interpoſe; and, though a mortgage
