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1. WordNet® 3.0 (2006)
mortgage
    n 1: a conditional conveyance of property as security for the
         repayment of a loan
    v 1: put up as security or collateral

2. The Collaborative International Dictionary of English v.0.48
Record \Re*cord"\ (r?*k?rd"), v. t. [imp. & p. p. Recorded; p.
   pr. & vb. n. Recording.] [OE. recorden to repeat, remind,
   F. recorder, fr. L. recordari to remember; pref. re- re- +
   cor, cordis, the heart or mind. See Cordial, Heart.]
   1. To recall to mind; to recollect; to remember; to meditate.
      [Obs.] "I it you record." --Chaucer.
      [1913 Webster]

   2. To repeat; to recite; to sing or play. [Obs.]
      [1913 Webster]

            They longed to see the day, to hear the lark
            Record her hymns, and chant her carols blest.
                                                  --Fairfax.
      [1913 Webster]

   3. To preserve the memory of, by committing to writing, to
      printing, to inscription, or the like; to make note of; to
      write or enter in a book or on parchment, for the purpose
      of preserving authentic evidence of; to register; to
      enroll; as, to record the proceedings of a court; to
      record historical events.
      [1913 Webster]

            Those things that are recorded of him . . . are
            written in the chronicles of the kings. --1 Esd. i.
                                                  42.
      [1913 Webster]

   To record a deed, mortgage, lease, etc., to have a copy
      of the same entered in the records of the office
      designated by law, for the information of the public.
      [1913 Webster]

3. The Collaborative International Dictionary of English v.0.48
Mortgage \Mort"gage\, v. t. [imp. & p. p. Mortgaged; p. pr. &
   vb. n. Mortgaging.]
   1. (Law) To grant or convey, as property, for the security of
      a debt, or other engagement, upon a condition that if the
      debt or engagement shall be discharged according to the
      contract, the conveyance shall be void, otherwise to
      become absolute, subject, however, to the right of
      redemption.
      [1913 Webster]

   2. Hence: To pledge, either literally or figuratively; to
      make subject to a claim or obligation.
      [1913 Webster]

            Mortgaging their lives to covetise.   --Spenser.
      [1913 Webster]

            I myself an mortgaged to thy will.    --Shak.
      [1913 Webster]

4. The Collaborative International Dictionary of English v.0.48
Mortgage \Mort"gage\ (m[^o]r"g[asl]j; 48), n. [F. mort-gage;
   mort dead (L. mortuus) + gage pledge. See Mortal, and
   Gage.]
   1. (Law) A conveyance of property, upon condition, as
      security for the payment of a debt or the preformance of a
      duty, and to become void upon payment or performance
      according to the stipulated terms; also, the written
      instrument by which the conveyance is made.
      [1913 Webster]

   Note: It was called a mortgage (or dead pledge) because,
         whatever profit it might yield, it did not thereby
         redeem itself, but became lost or dead to the mortgager
         upon breach of the condition. But in equity a right of
         redemption is an inseparable incident of a mortgage
         until the mortgager is debarred by his own laches, or
         by judicial decree. --Cowell. --Kent.
         [1913 Webster]

   2. State of being pledged; as, lands given in mortgage.
      [1913 Webster]

   Chattel mortgage. See under Chattel.

   To foreclose a mortgage. See under Foreclose.

   Mortgage deed (Law), a deed given by way of mortgage.
      [1913 Webster]

5. Bouvier's Law Dictionary, Revised 6th Ed (1856)
MORTGAGE, contracts, conveyancing. Mortgages are of several kinds: as the 
concern the kind of property, mortgaged, they are mortgages of lands, 
tenements, and, hereditaments, or of goods and chattels; as they affect the 
title of the thing mortgaged, they are legal and equitable. 
     2. In equity all kinds of property; real or personal, which are capable 
of an absolute sale, may be the subject of a mortgage; rights in remainder 
and reversion, franchises, and choses in action, may, therefore, be 
mortgaged; But a mere possibility or expectancy, as that of an heir, cannot. 
2 Story, Eq. Jur. Sec. 1021; 4 Kent, Com. 144; 1 Powell, Mortg. 17, 23; 3 
Meri. 667. 
     3. A legal mortgage of lands may be described to be a conveyance of 
lands, by a debtor to his creditor, as a pledge and security for the 
repayment of a sum of money borrowed, or performance of a covenant; 1 Watts, 
R. 140; with a proviso, that such conveyance shall be void on payment of the 
money and interest on a certain day, or the performance of such covenant by 
the time appointed, by which the conveyance of the land becomes absolute at 
law, yet the, mortgagor has an equity of redemption, that is, a right in 
equity on the performance of the agreement within a reasonable time, to call 
for a re-conveyance of the land. Cruise, Dig. t. 15, c. 1, s. 11; 1 Pow. on 
Mortg. 4 a, n.; 2 Chip. 100; 1 Pet. R. 386; 2 Mason, 531; 13 Wend. 485; 5 
Verm. 532; 1 Yeates, 579; 2 Pick. 211. 
     4. It is an universal rule in equity that once a mortgage, always a 
mortgage; 2 Cowen, R. 324; 1 Yeates, R. 584; every attempt, therefore, to 
defeat the equity of redemption, must fail. See Equity of Redemption. 
     5. As to the form, such a mortgage must be in writing, when it is 
intended to convey the legal title. 1 Penna. R. 240. It is either in one 
single deed which contains the whole contract -- and which is the usual form 
-- or, it is two separate instruments, the one containing an absolute 
conveyance, and the other a defeasance. 2 Johns. Ch. Rep. 189; 15 Johns. R. 
555; 2 Greenl. R. 152; 12 Mass. 456; 7 Pick. 157; 3 Wend, 208; Addis. 357; 6 
Watts, 405; 3 Watts, 188; 3 Fairf. 346; 7 Wend. 248. But it may be observed 
in general, that whatever clauses or covenants there are in a conveyance, 
though they seem to import an absolute disposition or conditional purchase, 
yet if, upon the whole, it appears to have been the intention of the parties 
that such conveyance should be a mortgage only, or pass an estate 
redeemable, a court of equity will always so construe it. Vern. 183, 268, 
394; Prec Ch. 95; 1 Wash. R 126; 2 Mass. R. 493; 4 John. R. 186; 2 Cain. Er. 
124. 
     6. As the money borrowed on mortgage is seldom paid on the day 
appointed, mortgages have now become entirely subject to the court of 
chancery, where it is an established rule that the mortgagee holds the 
estate merely as a pledge or security for the repayment of his money; 
therefore a mortgage is considered in equity as personal estate. 
     7. The mortgagor is held to be the real owner of the land, the debt 
being considered the principal, and the land the accessory; whenever the 
debt is discharged, the interest of the mortgagee in the lands determines of 
course, and he is looked on in equity as a trustee for the mortgagor. 
     8. An equitable mortgage of lands is one where the mortgagor does not 
convey regularly the land, but does some act by which he manifests his 
determination to bind the same for the security of a debt he owes. An 
agreement in writing to transfer an estate as a security for the repayment 
of a sum of money borrowed, or even a deposit of title deeds, and a verbal 
agreement, will have the same effect of creating an equitable mortgage. 1 
Rawle, Rep. 328; 5 Wheat. R. 284; 1 Cox's Rep. 211. But in Pennsylvania 
there is no such a thing as an equitable mortgage. 3 P. S. R. 233. Such an 
agreement will be carried into execution in equity against the mortgagor, or 
any one claiming under him with notice, either actual or constructive, of 
such deposit having been made. 1 Bro. C. C. 269; 2 Dick. 759; 2 Anstr. 427; 
2 East, R. 486; 9 Ves. jr. 115; 11 Ves. jr. 398, 403; 12 Ves. jr. 6, 192; 1 
John. Cas. 116; 2 John. Ch. R. 608; 2 Story, Eq. Jur. Sec. 1020. Miller, Eq. 
Mortg. passim. 
     9. A mortgage of goods is distinguishable from a mere pawn. 5 Verm. 
532; 9 Wend. 80; 8 John. 96. By a grant or conveyance of goods in gage or 
mortgage, the whole legal title passes conditionally to the mortgagee, and 
if not redeemed at the time stipulated, the title becomes absolute at law, 
though equity will interfere to compel a redemption. But, in a pledge, a 
special property only passes to the pledgee, the general property remaining 
in the pledger. There have been some cases of mortgages of chattels, which 
have been held valid without any actual possession in the mortgagee; but 
they stand upon very peculiar grounds and may be deemed exceptions to the 
general rule. 2 Pick. R. 607; 5 Pick. R. 59; 5 Johns. R. 261; Sed vide 12 
Mass. R. 300; 4 Mass. R. 352; 6 Mass. R. 422; 15 Mass. R. 477; 5 S. & R. 
275; 12 Wend. 277: 15 Wend. 212, 244; 1 Penn. 57. Vide, generally,, Powell 
on Mortgages; Cruise, Dig. tit. 15; Viner, Ab. h.t.; Bac. Ab. h.t., Com. 
Dig. h.t.; American Digests, generally, h.t.; New, York Rev. Stat. p. 2, 
c. 3; 9 Wend. 80; 9 Greenl. 79; 12 Wend. 61; 2 Wend. 296; 3 Cowen, 166; 9 
Wend. 345; 12 Wend. 297; 5 Greenl. 96; 14 Pick. 497; 3 Wend. 348; 2 Hall, 
63; 2 Leigh, 401; 15 Wend. 244; Bouv. Inst. Index, h.t. 
    10. It is proper to, observe that a conditional sale with the right to 
repurchase very nearly resembles a mortgage; but they are distinguishable. 
It is said that if the debt remains, the transaction is a mortgage, but if 
the debt is extinguished by mutual agreement, or the money advanced is not 
loaned, but the grantor has a right to refund it in a given time, and have a 
reconveyance, this is a conditional sale. 2 Edw. R. 138; 2 Call, R. 354; 5 
Gill & John. 82; 2 Yerg. R. 6; 6 Yerg. R. 96; 2 Sumner, R. 487; 1 Paige, R. 
56; 2 Ball & Beat. 274. In cases of doubt, however, courts of equity will 
always lean in favor of a mortgage. 7 Cranch, R. 237; 2 Desaus. 564. 
    11. According to the laws of Louisiana a mortgage is a right granted to 
the creditor over the property of his debtor, for the security of his debt, 
and gives him the power of having the property seized and sold in default of 
payment. Civ. Code of Lo. art. 3245. 
    12. Mortgage is conventional, legal or judicial. 1st. The conventional 
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 possession. Civ. Code, art. 
3257. 
    13.-2d. Legal mortgage is that which is created by operation of law: 
this is also called tacit mortgage, because it is established by the law, 
without the aid of any agreement. Art. 3279. A few examples will show the 
nature of this mortgage. Minors, persons interdicted, and absentees, "have a 
legal mortgage on the property of their tutors and curators, as a security 
for their administration; and the latter have a mortgage on the property of 
the former for advances which they have made. The property of persons who, 
without being lawfully appointed curators or tutors of minors, &c., 
interfere with their property, is bound by a legal mortgage from the day on 
which the first act of interference was done. 
    14.-3d. The judicial mortgage is that resulting from judgments, 
whether these be rendered on contested cases or by default, whether they be 
final or provisional, in favor of the person obtaining them. Art. 3289. 
    15. Mortgage, with respect to the manner in which it binds the property, 
is divided into general mortgage, or special mortgage. General mortgage is 
that which binds all the property, present or future, of the debtor. Special 
mortgage is that which binds only certain specified property. Art. 3255. 
    16. The following objects are alone susceptible of mortgage: 1. 
Immovables, subject to alienation, and their accessories considered likewise 
as immovable. 2. The usufruct of the same description of property with its 
accessories during the time of its duration. 3. Slave's. 4. Ships and other 
vessels. Art. 3256. 



Thesaurus Results for mortgage:

1. Moby Thesaurus II by Grady Ward, 1.0
adjustment mortgage, antichresis, blanket mortgage, bond, bottomry, bottomry bond, chattel mortgage, closed mortgage, dead pledge, deed of trust, deposit, dip, first mortgage, go bail, handsel, hock, hypothec, hypothecate, hypothecation, impignorate, installment mortgage, leasehold mortgage, lien, living pledge, mortgage deed, mortuum vadium, participating mortgage, pawn, pledge, post, put in hock, put in pawn, put up, second mortgage, security agreement, spout, stake, third mortgage, trust mortgage, vadium mortuum, vadium vivum
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