Juridical Dictionary

This dictionary contains:
8526
juridical terms

Mortgage






Mortgage

A legal instrument that creates a lien upon real estate securing the payment of a specific debt.

RELATED TERMS
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Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Instrument
Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon.

Lien
Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Estate
A right or interest in property or the property of a deceased person.

Payment
1) Contracts. That which is given to execute what has been promised; or it is the fulfilment of a promise. Solvere dicimus cum quis fecit, quod facere promisit. But though this is the general acceptation of the word, yet by payment is understood, every way by which the creditor is satisfied or ought to be, and the debtor, liberated for example, an accord and satisfaction will operate as a payment. 2) Pleadings. The name of a plea by which the defendant alleges that he has paid the debt claimed in the declaration; this plea must conclude to the country.

Debt
Whatever one owes. A sum of money due by certain and express agreement.



SIMILAR TERMS
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Mort d'ancestor
An ancient and now almost obsolete remedy in the English law. An assize of mort d'ancestor was a writ which was sued out where, after the decease of a man's ancestor, a stranger abated, and entered into the estate.

Mortgagee
Estates, contracts. He to whom a mortgage is made.

Mortgagor
Estate's, contracts. He who makes a mortgage.

Mortification
Scotch law. This term is nearly synonymous with mortmain.

Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.

Mortuaries
English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner.

Mortuum vadium
A mortgage; a dead pledge

Mortuus est
A return made by the sheriff, when the defendant is dead, as an excuse for not executing the writ.



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Mortgage

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Medical malpractice used to describe general negligence, a conduct that deviates from a reasonable standard of healthcare. It is necessary to prove the deviation by the testimony of expert witnesses in the same field of practice in which the health care worker was engaged at the time of the incident.

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This dictionary contains 8526 terms.