mortgage 音标拼音: [m'ɔrgədʒ] [m'ɔrgɪdʒ]
n . 抵押,义务,精神负担
vt . 抵押,献身于,使有义务
抵押,义务,精神负担抵押,献身於,使有义务
mortgage n 1 :
a conditional conveyance of property as security for the repayment of a loan v 1 :
put up as security or collateral Record \
Re *
cord "\ (
r ?*
k ?
rd "),
v .
t . [
imp . &
p .
p . {
Recorded };
p .
pr . &
vb .
n . {
Recording }.] [
OE .
recorden to repeat ,
remind ,
F .
recorder ,
fr .
L .
recordari to remember ;
pref .
re -
re -
cor ,
cordis ,
the heart or mind .
See {
Cordial }, {
Heart }.]
1 .
To recall to mind ;
to recollect ;
to remember ;
to meditate .
[
Obs .] "
I it you record ." --
Chaucer .
[
1913 Webster ]
2 .
To repeat ;
to recite ;
to sing or play . [
Obs .]
[
1913 Webster ]
They longed to see the day ,
to hear the lark Record her hymns ,
and chant her carols blest .
--
Fairfax .
[
1913 Webster ]
3 .
To preserve the memory of ,
by committing to writing ,
to printing ,
to inscription ,
or the like ;
to make note of ;
to write or enter in a book or on parchment ,
for the purpose of preserving authentic evidence of ;
to register ;
to enroll ;
as ,
to record the proceedings of a court ;
to record historical events .
[
1913 Webster ]
Those things that are recorded of him . . .
are written in the chronicles of the kings . --
1 Esd .
i .
42 .
[
1913 Webster ]
{
To record a deed }, {
mortgage }, {
lease },
etc .,
to have a copy of the same entered in the records of the office designated by law ,
for the information of the public .
[
1913 Webster ]
Mortgage \
Mort "
gage \,
v .
t . [
imp . &
p .
p . {
Mortgaged };
p .
pr . &
vb .
n . {
Mortgaging }.]
1 . (
Law )
To grant or convey ,
as property ,
for the security of a debt ,
or other engagement ,
upon a condition that if the debt or engagement shall be discharged according to the contract ,
the conveyance shall be void ,
otherwise to become absolute ,
subject ,
however ,
to the right of redemption .
[
1913 Webster ]
2 .
Hence :
To pledge ,
either literally or figuratively ;
to make subject to a claim or obligation .
[
1913 Webster ]
Mortgaging their lives to covetise . --
Spenser .
[
1913 Webster ]
I myself an mortgaged to thy will . --
Shak .
[
1913 Webster ]
Mortgage \
Mort "
gage \ (
m [^
o ]
r "
g [
asl ]
j ;
48 ),
n . [
F .
mort -
gage ;
mort dead (
L .
mortuus )
gage pledge .
See {
Mortal },
and {
Gage }.]
1 . (
Law )
A conveyance of property ,
upon condition ,
as security for the payment of a debt or the preformance of a duty ,
and to become void upon payment or performance according to the stipulated terms ;
also ,
the written instrument by which the conveyance is made .
[
1913 Webster ]
Note :
It was called a mortgage (
or dead pledge )
because ,
whatever profit it might yield ,
it did not thereby redeem itself ,
but became lost or dead to the mortgager upon breach of the condition .
But in equity a right of redemption is an inseparable incident of a mortgage until the mortgager is debarred by his own laches ,
or by judicial decree . --
Cowell . --
Kent .
[
1913 Webster ]
2 .
State of being pledged ;
as ,
lands given in mortgage .
[
1913 Webster ]
{
Chattel mortgage }.
See under {
Chattel }.
{
To foreclose a mortgage }.
See under {
Foreclose }.
{
Mortgage deed } (
Law ),
a deed given by way of mortgage .
[
1913 Webster ]
41 Moby Thesaurus words for "
mortgage ":
adjustment mortgage ,
antichresis ,
blanket mortgage ,
bond ,
bottomry ,
bottomry bond ,
chattel mortgage ,
closed mortgage ,
dead pledge ,
deed of trust ,
deposit ,
dip ,
first mortgage ,
go bail ,
handsel ,
hock ,
hypothec ,
hypothecate ,
hypothecation ,
impignorate ,
installment mortgage ,
leasehold mortgage ,
lien ,
living pledge ,
mortgage deed ,
mortuum vadium ,
participating mortgage ,
pawn ,
pledge ,
post ,
put in hock ,
put in pawn ,
put up ,
second mortgage ,
security agreement ,
spout ,
stake ,
third mortgage ,
trust mortgage ,
vadium mortuum ,
vadium vivum MORTGAGE ,
contracts ,
conveyancing .
Mortgages are of several kinds :
as the concern the kind of property ,
mortgaged ,
they are mortgages of lands ,
tenements ,
and ,
hereditaments ,
or of goods and chattels ;
as they affect the title of the thing mortgaged ,
they are legal and equitable .
2 .
In equity all kinds of property ;
real or personal ,
which are capable of an absolute sale ,
may be the subject of a mortgage ;
rights in remainder and reversion ,
franchises ,
and choses in action ,
may ,
therefore ,
be mortgaged ;
But a mere possibility or expectancy ,
as that of an heir ,
cannot .
2 Story ,
Eq .
Jur .
Sec .
1021 ;
4 Kent ,
Com .
144 ;
1 Powell ,
Mortg .
17 ,
23 ;
3 Meri .
667 .
3 .
A legal mortgage of lands may be described to be a conveyance of lands ,
by a debtor to his creditor ,
as a pledge and security for the repayment of a sum of money borrowed ,
or performance of a covenant ;
1 Watts ,
R .
140 ;
with a proviso ,
that such conveyance shall be void on payment of the money and interest on a certain day ,
or the performance of such covenant by the time appointed ,
by which the conveyance of the land becomes absolute at law ,
yet the ,
mortgagor has an equity of redemption ,
that is ,
a right in equity on the performance of the agreement within a reasonable time ,
to call for a re -
conveyance of the land .
Cruise ,
Dig .
t .
15 ,
c .
1 ,
s .
11 ;
1 Pow .
on Mortg .
4 a ,
n .;
2 Chip .
100 ;
1 Pet .
R .
386 ;
2 Mason ,
531 ;
13 Wend .
485 ;
5 Verm .
532 ;
1 Yeates ,
579 ;
2 Pick .
211 .
4 .
It is an universal rule in equity that once a mortgage ,
always a mortgage ;
2 Cowen ,
R .
324 ;
1 Yeates ,
R .
584 ;
every attempt ,
therefore ,
to defeat the equity of redemption ,
must fail .
See Equity of Redemption .
5 .
As to the form ,
such a mortgage must be in writing ,
when it is intended to convey the legal title .
1 Penna .
R .
240 .
It is either in one single deed which contains the whole contract --
and which is the usual form --
or ,
it is two separate instruments ,
the one containing an absolute conveyance ,
and the other a defeasance .
2 Johns .
Ch .
Rep .
189 ;
15 Johns .
R .
555 ;
2 Greenl .
R .
152 ;
12 Mass .
456 ;
7 Pick .
157 ;
3 Wend ,
208 ;
Addis .
357 ;
6 Watts ,
405 ;
3 Watts ,
188 ;
3 Fairf .
346 ;
7 Wend .
248 .
But it may be observed in general ,
that whatever clauses or covenants there are in a conveyance ,
though they seem to import an absolute disposition or conditional purchase ,
yet if ,
upon the whole ,
it appears to have been the intention of the parties that such conveyance should be a mortgage only ,
or pass an estate redeemable ,
a court of equity will always so construe it .
Vern .
183 ,
268 ,
394 ;
Prec Ch .
95 ;
1 Wash .
R 126 ;
2 Mass .
R .
493 ;
4 John .
R .
186 ;
2 Cain .
Er .
124 .
6 .
As the money borrowed on mortgage is seldom paid on the day appointed ,
mortgages have now become entirely subject to the court of chancery ,
where it is an established rule that the mortgagee holds the estate merely as a pledge or security for the repayment of his money ;
therefore a mortgage is considered in equity as personal estate .
7 .
The mortgagor is held to be the real owner of the land ,
the debt being considered the principal ,
and the land the accessory ;
whenever the debt is discharged ,
the interest of the mortgagee in the lands determines of course ,
and he is looked on in equity as a trustee for the mortgagor .
8 .
An equitable mortgage of lands is one where the mortgagor does not convey regularly the land ,
but does some act by which he manifests his determination to bind the same for the security of a debt he owes .
An agreement in writing to transfer an estate as a security for the repayment of a sum of money borrowed ,
or even a deposit of title deeds ,
and a verbal agreement ,
will have the same effect of creating an equitable mortgage .
1 Rawle ,
Rep .
328 ;
5 Wheat .
R .
284 ;
1 Cox '
s Rep .
211 .
But in Pennsylvania there is no such a thing as an equitable mortgage .
3 P .
S .
R .
233 .
Such an agreement will be carried into execution in equity against the mortgagor ,
or any one claiming under him with notice ,
either actual or constructive ,
of such deposit having been made .
1 Bro .
C .
C .
269 ;
2 Dick .
759 ;
2 Anstr .
427 ;
2 East ,
R .
486 ;
9 Ves .
jr .
115 ;
11 Ves .
jr .
398 ,
403 ;
12 Ves .
jr .
6 ,
192 ;
1 John .
Cas .
116 ;
2 John .
Ch .
R .
608 ;
2 Story ,
Eq .
Jur .
Sec .
1020 .
Miller ,
Eq .
Mortg .
passim .
9 .
A mortgage of goods is distinguishable from a mere pawn .
5 Verm .
532 ;
9 Wend .
80 ;
8 John .
96 .
By a grant or conveyance of goods in gage or mortgage ,
the whole legal title passes conditionally to the mortgagee ,
and if not redeemed at the time stipulated ,
the title becomes absolute at law ,
though equity will interfere to compel a redemption .
But ,
in a pledge ,
a special property only passes to the pledgee ,
the general property remaining in the pledger .
There have been some cases of mortgages of chattels ,
which have been held valid without any actual possession in the mortgagee ;
but they stand upon very peculiar grounds and may be deemed exceptions to the general rule .
2 Pick .
R .
607 ;
5 Pick .
R .
59 ;
5 Johns .
R .
261 ;
Sed vide 12 Mass .
R .
300 ;
4 Mass .
R .
352 ;
6 Mass .
R .
422 ;
15 Mass .
R .
477 ;
5 S . &
R .
275 ;
12 Wend .
277 :
15 Wend .
212 ,
244 ;
1 Penn .
57 .
Vide ,
generally ,,
Powell on Mortgages ;
Cruise ,
Dig .
tit .
15 ;
Viner ,
Ab .
h .
t .;
Bac .
Ab .
h .
t .,
Com .
Dig .
h .
t .;
American Digests ,
generally ,
h .
t .;
New ,
York Rev .
Stat .
p .
2 ,
c .
3 ;
9 Wend .
80 ;
9 Greenl .
79 ;
12 Wend .
61 ;
2 Wend .
296 ;
3 Cowen ,
166 ;
9 Wend .
345 ;
12 Wend .
297 ;
5 Greenl .
96 ;
14 Pick .
497 ;
3 Wend .
348 ;
2 Hall ,
63 ;
2 Leigh ,
401 ;
15 Wend .
244 ;
Bouv .
Inst .
Index ,
h .
t .
10 .
It is proper to ,
observe that a conditional sale with the right to repurchase very nearly resembles a mortgage ;
but they are distinguishable .
It is said that if the debt remains ,
the transaction is a mortgage ,
but if the debt is extinguished by mutual agreement ,
or the money advanced is not loaned ,
but the grantor has a right to refund it in a given time ,
and have a reconveyance ,
this is a conditional sale .
2 Edw .
R .
138 ;
2 Call ,
R .
354 ;
5 Gill &
John .
82 ;
2 Yerg .
R .
6 ;
6 Yerg .
R .
96 ;
2 Sumner ,
R .
487 ;
1 Paige ,
R .
56 ;
2 Ball &
Beat .
274 .
In cases of doubt ,
however ,
courts of equity will always lean in favor of a mortgage .
7 Cranch ,
R .
237 ;
2 Desaus .
564 .
11 .
According to the laws of Louisiana a mortgage is a right granted to the creditor over the property of his debtor ,
for the security of his debt ,
and gives him the power of having the property seized and sold in default of payment .
Civ .
Code of Lo .
art .
3245 .
12 .
Mortgage is conventional ,
legal or judicial .
1st .
The conventional mortgage is a contract by which a person binds the whole of his property ,
or a portion of it only ,
in favor of another ,
to secure the execution of some engagement ,
but without divesting himself of the possession .
Civ .
Code ,
art .
3257 .
13 .-
2d .
Legal mortgage is that which is created by operation of law :
this is also called tacit mortgage ,
because it is established by the law ,
without the aid of any agreement .
Art .
3279 .
A few examples will show the nature of this mortgage .
Minors ,
persons interdicted ,
and absentees , "
have a legal mortgage on the property of their tutors and curators ,
as a security for their administration ;
and the latter have a mortgage on the property of the former for advances which they have made .
The property of persons who ,
without being lawfully appointed curators or tutors of minors , &
c .,
interfere with their property ,
is bound by a legal mortgage from the day on which the first act of interference was done .
14 .-
3d .
The judicial mortgage is that resulting from judgments ,
whether these be rendered on contested cases or by default ,
whether they be final or provisional ,
in favor of the person obtaining them .
Art .
3289 .
15 .
Mortgage ,
with respect to the manner in which it binds the property ,
is divided into general mortgage ,
or special mortgage .
General mortgage is that which binds all the property ,
present or future ,
of the debtor .
Special mortgage is that which binds only certain specified property .
Art .
3255 .
16 .
The following objects are alone susceptible of mortgage :
1 .
Immovables ,
subject to alienation ,
and their accessories considered likewise as immovable .
2 .
The usufruct of the same description of property with its accessories during the time of its duration .
3 .
Slave '
s .
4 .
Ships and other vessels .
Art .
3256 .
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