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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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Smith's California Law Quizzer: 2000 Questions and Answers; Subjects Treated ...

Olin W. Smith - 1928 - 388 pages
...2527.) Ques. What is a chattel mortgage ? Ans. It is a contract in writing by which specific personal property is hypothecated for the performance of an...without the necessity of a change of posses*sion. (CC 2920.) Ques. What is a respondentia bond ? Ans. It is a contract by which a cargo or some part...
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Legislative Calendar, Volume 76, Part 1

United States. Congress. Senate. Committee on Finance - 1962 - 808 pages
...mortgage of personal property. Subchapter I — General Provisions § 4111. Definition of mortgage Mortgage is a contract by which specific property is hypothecated for the performance of nn act, without the necessity of a change of possession. § 4112. Formalities of creation A mortgage...
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California Appellate Decisions, Volume 30

California. District Courts of Appeal - 1919 - 1060 pages
...legal title to the same property at the same time. A mortgage is defined by the Civil Code, section 2920, as follows: "Mortgage is a contract by which...hypothecate property where the title is in another. The question then arises whether the plaintiff, under the terms of the contract, had a lien to secure...
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Current Comment and Legal Miscellany, Volume 2

1890 - 838 pages
...lien." Consequently, all words of grant or transfer in a mortgage are unmeaning, useless and obsolete. " Mortgage is a contract by which specific property...act, without the necessity of a change of possession" : Sec. 4346 Comp. Laws. This definition voids the idea of a mortgage being in any sense a transfer...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 43

1922 - 952 pages
...legal title to the same property at the same time. A mortgage is defined by the Civil Code, section 2920, as follows: "Mortgage is a contract by which...this could not be, since defendant was not the owner. [2] A person cannot hypothecate property where the title is in another. [3] The question then arises...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 43

1922 - 952 pages
...time. A mortgage is defined hy the Civil Code, section 2920, as follows: "Mortgage is a contract hy which specific property is hypothecated for the performance...this could not be, since defendant was not the owner. [2] A person cannot hypothecate property where the title is in another. [3] The question then arises...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 41

1921 - 942 pages
...in form. They pass no estate in the lands and are mere security. Under the code a mortgage is merely a contract by which specific property is hypothecated for the performance of an act. (McMillan v. Richards, 9 Cal. 365, [70 Am. Dec. 655] ; Fogarty v. Sawyer, 17 Cal. 589 ; Button v. Warschmier,...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 19

South Dakota. Supreme Court - 1906 - 760 pages
...entered, defendants Martin and Bunnell appealed. Our Civil Code contains these provisions: "Sec. 2042. Mortgage is a contract by which specific property...act, without the necessity of a change of possession. A mortgage of real property can be created, renewed or extended only by writing, executed with the...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 98

California. Supreme Court - 1906 - 850 pages
...understood, it need not have been included in the definition. Section 2920 of the Civil Code defines it as follows : " Mortgage is a contract by which specific...without the necessity of a change of possession." The code commissioners, in a note to this section, say: "The definition of the text is new. It is designed...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 57

California. Supreme Court - 1906 - 782 pages
...be recorded as a mortgage, and a separate book is provided for that purpose. (Civ. Code, § 1171.) A mortgage is a contract by which specific property...act without the necessity of a change of possession. (Civ. Code, § 2920.) A mortgage can be created, renewed, or ex^ tended only by writing executed with...
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