Graft
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
A figurative term which has obtegggd in chancery practice, to designate the right of a mortgagee in premises, to which the mortgagor at the time of making title, title. Inthis case the old mortgage is considered a graft into the old stock, and as arising in consideration of the former title.
1 Ball & Beat. 46; Ib. 40; Ib. 57; 1 Pow. on Mortg. 190.
The same principle has obtained legislative enactment in Louisiana: If a person contracting an obligation towards another, says the Civil Code, art. 2371, grants a mortgage on property of which he is not then the owner, this mortgage shall be valid, if the debtor should ever acquire the ownership of the property, by whatever right.