Blacks Law Dict. 1st ed

MORTUARY TABLES

MORTGAGE

790

MORTGAGOR, He that gives a mort gage. MORTH. Sax. Murder, answering ex actly to the French "assassinat" or "muertre de guet-apens." MORTHLAGA. A murderer. CowelL MORTHLAGE. Murder. Cowell. MORTIFICATION. In Scotch law. A term nearly synonymous with "mortmain." Bell. Lands are said to be mortified for a charitable purpose. MORTIS CAUSA. Lat. By reason of death; in contemplation of death. Thus used in the phrase "Donatio mortis causa," (q. «.) Mortis momentum est ultimum vitsa momentum. The last moment of life is the moment of death. 4 Bradf. 245, 250. MORTMAIN. A term applied to denote the alienation of lands or tenements to any corporation, sole or aggregate, ecclesiastical 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 general appellation of "mortmain" to be applied to such alienations. 2 Bl. Comm. 268; Co. Litt. 26. MORTMAIN ACTS. These acts had for their object to prevent lands getting into the possession or control of religious corpora tions, or, as the name indicates, in mortua manu. 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 excellence,) that no lands should be given to charities unless cer tain requisites should be observed. Brown. 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 of his parishioners, whether buried in the church-yard or not. 2 Bl. Comm. 425. It has been sometimes used in a civil as well as in an ecclesiastical sense, and ap plied to a payment to the lord of the fee. Faroch. Antiq. 470. MORTUARY TABLES. Tables for es timating the probable duration of the life of a party at a given age. 67 Cal. 16,6 Pac Rep. 871.

terms prescribed at the time of making such conveyance. 1 Washb. Real Prop. *475. A conditional conveyance of land, designed as a security for the payment of money, the fulfillment of some contract, or the perform ance of some act, and to be void upon such payment, fulfillment, or performance. 44 Me. 299. A debt by specialty, secured by a pledge of lands, of which the legal ownership is vested in the creditor, but of which, in equity, the debtor and those claiming under him remain the actual owners, until debarred by judicial sentence or their own laches. Coote, Mortg. 1. Mortgage is a right granted to the creditor over the property of the debtor for the secu rity of his debt, and gives him the power of having the property seized and sold in de fault of payment. Civil Code La. art. 3278. Mortgage is a contract by which specific property is hypothecated for the performance of an act, without the necessity of a change of possession. Civil Code Cal. § 2920. In the law of Louisiana. The con ventional 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 posses sion. Civil Code La. art. 3290. The judicial mortgage is that resulting from judgments (whether these be rendered on contested cases or by default, or whether they be final or provisional) in favor of the person obtaining them. Civil Code La. art. 3321. 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. This is called "legal mortgage." It is called also "tacit mortgage," because it is established by the law without the aid of any agreement. Civil Code La. art. 3311. MORTGAGE OP GOODS. A convey ance of goods in gage or mortgage by which the whole legal title passes conditionally to the mortgagee; and, if the goods are not re deemed at the time stipulated, the title be comes absolute in law, although equity will interfere to compel a redemption. It is dis tinguished from a "pledge" by the circum stance that possession by the mortgagee is not or may not be essential to create or to support the title. Story, Bailm. § 287.

He that takes or «•-

MORTGAGEE, oeives a mortgage.

Archive CD Books USA