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accessorium non ducit, sequitur principale

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 83 U.S. 271 - Carpenter v. Longan · 1872Most cited · 308 citing opinions

The mortgage can have no separate existence. When the note is paid the mortgage expires. It cannot survive for a moment the debt which the note represents. This dependent and incidental relation is the controlling consideration, and takes the case out of the rule applied to choses in action, where no such relation of dependence exists.