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" Mortgage is a contract by which specific property is hypothecated for the performance of an act, without the necessity of a change of possession. "
The Pacific Reporter - Page 179
1920
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The Civil Code of the State of New York: Reported Complete by the ...

New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pages
...held adversely. 1620. Mortgage does not entitle mortgagee to possession. 1621. Foreclosure. S 1608. Mortgage is a contract, by which specific property...act, without the necessity of a change of possession. This definition is now. It is designed to make a clear distinction between a pledge and a mortgage,...
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Revised Laws of the State of California: In Four Codes : Political ..., Volume 2

California, California. Commission to Revise the Laws of California - 1871 - 894 pages
...2932. Waste. SEC. 2919. Mortgage is a contract, by which specific Mortgage, property is hj'pothecated for the performance of an act. without the necessity of a change of possession. NYCC, Sec. 1608. SEC. 2920. The lien of a mortgage is special, unless Lien or* otherwise expressly...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 612 pages
...satisfaction of mortgage. 2942. Provisions of this chapter do not affect bottomry or respondeutia. § 2920. Mortgage is a contract by which specific property...hypothecated for the performance of an act, without tha necessity of a change of possession. 68 Cal/15. § 2921. A mortgage may be created upon property...
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Reports of Cases Argued and Determined in the Supreme Court of the Territory ...

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1882 - 582 pages
...seen some of the old definitions of a mortgage, but the Code, with usual accuracy, gives a new one, as follows : " Mortgage is a contract, by which specific...without the necessity of a change of possession." (Section 1722.) This definition makes a clear distinction between a pledge and a chattel mortgage,...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 8

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1883 - 730 pages
...answer the description of a mortgage, as \vell as it does that of a trust deed. It is, certainly, " a contract by which specific property is hypothecated for the performance of an act, and without the necessity of a change of possession" (Civ. Code, sec. 2920); for no change of possession...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 pages
...ARTICLE I. MORTGAGES IN GENERAL. 5 2560. Mortgage is a contract, by which specific prop Mortgage, erty is hypothecated for the performance of an act, without the necessity of a change of possession. § 2561. The lien of a mortgage is special, unless other•wiee expressly agreed, and is independent...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 9

1885 - 896 pages
...seems to answer the description of a mortgage as well as it does that of a trust deed. It is certainly a "contract by which specific property is hypothecated for the performance of an act, and without the necessity of a change of possession" (Civil Code, § 2920); for no change of possession...
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Decisions of the Department of the Interior and the General Land ..., Volume 11

United States. Department of the Interior - 1891 - 684 pages
...City Kailroad Company, 8L. D., 243. The Dakota Code of 1883 (Vol. 2, Sec. 1722,) defines a mortgage as follows : " Mortgage is a contract by which specific...without the necessity of a change of possession." The code further provides, that to entitle any party to make foreclosure, " it shall be requisite that...
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Decisions of the Department of the Interior and the General Land ..., Volume 11

United States. Department of the Interior - 1891 - 690 pages
...Sioux City Railroad Company, 8 LD, 243. The Dakota Code of 1883 (Yol. 2, Sec. 1722,) defines a mortgage as follows : " Mortgage is a contract by which specific...performance of an act without the necessity of a change of posses sion." The code further provides, that to entitle any party to make foreclosure, " it shall...
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Decisions of the Department of the Interior and the General Land ..., Volume 11

United States. Department of the Interior - 1891 - 692 pages
...D., 701; William H. Bay, 0 LD, 340; Mudgett ». Dubuque & Sioux City Kailroad Company, 8L. D., 243. " Mortgage is a contract by which specific property...without the necessity of a change of possession." The code further provides, that to entitle any party to make foreclosure, " it shall be requisite that...
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