KFLCC Kingdom Law 2nd Ed.

MORTUUM VADIUM

794

MORTGAGE

MORTGAGOR.

He that gives a mort'

a mortgage which is a first lien on the property, not only as against other mortgages, but as against any other charges or incumbrances. Green's Appeal, 97 Pa. 347.— First mortgage bonds. Bonds the payment of which is secur ed by a first mortgage on property. Bank of Atchison County v. Byers, 139 Mo. 627, 41 S. W. 325; Minnesota & P. R. Co. v. Sibley, 2 Minn. 18 (Gil. 1); Com. v. Wilhamstown, 156 Mass. 70, 30 N. E. 472.— Second mortgage. One which takes rank immediately after & first mortgage on the same property, without any intervening liens, and is next entitled to satis faction out of the proceeds of the property. Green's Appeal, 97 Pa. 347. Properly speak ing, however, the term designates the second of a series of mortgages, not necessarily the second lien. For instance, the lien of a judg ment might intervene between the first and sec ond mortgages; in which case, the second mort gage would be the third lien.— General mort gage. Mortgages are sometimes classified as general and special, a mortgage of the former class being one which binds all property, pres ent and future, of the debtor (sometimes called a "blanket" mortgage); while a special mort gage is limited to certain particular and speci fied property. Barnard v. Erwin, 2 Rob. (La.) 415.— Judicial mortgage. In the law of Lou isiana. The lien resulting from judgments, whether rendered on contested cases or by de fault, whether final or provisional, in favor of the person obtaining them. Civ. Code La. art. 3321.— Legal mortgage. A term used in Lou isiana. The law alone in certain cases gives to the creditor a mortgage on the property of his debtor, without it being requisite that the par ties should stipulate it. This is called "legal mortgage." Civ. Code La. art. 3311.— Mort gage of goods. A conveyance of goods in gage or mortgage by which tB*e whole legal title passes conditionally to the mortgagee; and, if the goods are not redeemed at the time stipu lated, the title becomes absolute in law, al though equity will interfere to compel a redemp tion. It is distinguished from a "pledge" by the circumstance that possession by the mort gagee is not or may not be essential to create or to support the title. Story, Bailm. § 287. See CHATTEL MORTGAGE.— Purchase-money mortgage. A mortgage given, concurrently with a conveyance of land, by the vendee to the vendor, on the same land, to secure the unpaid balance of the purchase price. See Baker v. Clepper, 26 Tex. 629, 84 Am. Dec. 591.— Tacit mortgage. In Louisiana. The same as a "legal" mortgage. See supra. — Welsh mort gage. In English law. A species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given as security for the repayment, but differs from it in the circumstances that the rents and profits are to be received without account till the prin cipal money is paid off, and there is no remedy to enforce payment, while the mortgagor has a perpetual power of redemption. It is now rare ly used. 1 Pow. Mortg. 373a. See O'Neill v. Gray, 39 Hun (N. Y.) 566; Bentley v. Phelps, 3 Fed. Cas. 250. ceives a mortgage. —Mortgagee in possession. A mortgagee of real property who is in possession of it with, the agreement or assent of the mortgagor, ex press or implied, and in recognition of his mort gage and because of it, and under such circum stances as to make the satisfaction of his hen an equitable prerequisite to his being dispossess ed. See Rogers v. Benton, 39 Minn. 39, 38 N. W. 765, 12 Am. St. Rep. 613; Kelso v. Norton, 65 Kan. 778, 70 Pac. 896, 93 Am. St. Rep. 308; Stonffer v. Harlan, 68 Kan. 135, 74 Pac. 610, 64 L. R. A. 320, 104 Am. St Rep. 396; Freeman T. Campbell, 109 Cal. 360, 42 Pac. 35. MORTGAGEE. He that takes or re

gage.

MORTH.

Sax. Murder, answering ex

actly to the French "assassinat"

or

"muertre

de

guet-apens."

MORTHXAGA.

A murderer. CowelL

MOKTHLAGE.

Murder. Cowell.

MORTIFICATION. In Scotch law. A term nearly synonymous with "mortmain." Bell. Lands are said to be mortified for a charitable purpose. Lat. By reason of death ; in contemplation of death. Thus used in the phrase "Donatio mortis causa," (g. v.) Mortis momentum est nltimnm vitse momentum. The last moment of life is the moment of death. Terrill v. Public Adm'r, 4 Bradf. Sur. (N. Y.) 245, 250. 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 2&; Perin v. Carey, 24 How. 495, 16 L, Ed. 701. —Mortmain acts. These acts had for their object to prevent lands getting into the pos session or control of religious corporations, 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 ex cellence,) that no lands should be given to chari ties unless certain requisites should be observ ed. Brown. Yates v. Yates, 9 Barb. (N. Y.) 324. 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. Ayrton v. Abbott, 14 Q. B. 19. 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. Paroch. Antiq. 470. Tables for es timating the probable duration of the life of a party at a given age. Gallagher v. Mar ket St. Ry. Co., 67 Cal. 16, 6 Pac. 871, 51 Am. Rep. 680. A dead pledge; a mortgage, (q. v.;) a pledge where the profits MORTIS CAUSA. MORTMAIN. MORTUARY. MORTUARY TABLES. MORTUUM VADIUM.