Author: I. Maurice Wormser

Publisher: Forgotten Books

Published: 2015-06-16

Total Pages: 782

ISBN-13: 9781330109663

Excerpt from Kirchwey's Cases on the Law of Mortgage Kirchwey's Cases on the Law of Mortgage appeared in 1902 and at once met with a favorable reception. The work has since been used as the basis of instruction in many leading law schools. In the last fifteen years many decisions on mortgage law have been rendered, and a new edition has become necessary. The editor of the present edition has sought to include a number of the recent cases of importance and, in particular, some specimens of valuable present-day opinion-writing. These opinions demonstrate that our courts of equity, far from being decadent, are, on the other hand, fully alive to new conditions and are eager and anxious to adjust the rules of equity to the needs of the community. The recent cases printed in this edition, dealing with Agreements for Collateral Advantage and Clogging the Equity of Redemption, furnish a striking illustration of this. Chapters have been added dealing with the subjects of Priorities and of Special Equities Coupled with the Mortgage Relation such as Contribution, Exoneration, Subrogation and Marshalling. Cases have also been inserted dealing with the topic of the Enforcement of the Mortgage by the Mortgagee, as an adequate treatment of mortgage law demands some consideration of foreclosure proceedings. In the preparation of this edition some attention has been directed to Corporate and Railroad Mortgages, although it has become clear in the last few years that this is, in itself, a subject which demands more especial attention from the law schools than it has hitherto received. The preparation and enforcement of corporate bonds and mortgages, particularly of quasi-public corporations, might profitably constitute the subject-matter of an elective law course. It is clear that in the time now allotted to the course on mortgages in law schools due consideration cannot be devoted to this branch of the subject. The editor has refrained from over-indulgence in footnotes. A case book is not intended to serve the functions of an encyclopedia or of a text-book. In some instances, however, additional notes have been deemed necessary. Acknowledgment is made to the editor's friends, John Norton Pomeroy and Harlan F. Stone, for helpful suggestions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.