Graft

In equity. A term used to designate the right of a mortgagee in premises to which the mortgagor at the time of making case the new mortgage is considered a graft into the old stock, and as arising in consideration of the former title. 1 Ball & B. 40, 46, 57; 1 Powell, Mortg. 190. See 9 Mass. 84. The same principle has obtained by legislative enactment in Louisiana. If a person contracting an obligation towards another, says the Civil Code (article 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.

In Equity. A term used to designate the right of a mortgagee In premises to which the mortgagor at the time of making the mortgage had an imperfect title, but afterwards obtained a good tlt)e. In this mortgage, and arising in consideration of the former title; 1 Ball A B. 40, 46, 67; 1 Pow. Mort. 190. See Porter v. Hill, 9 Mass. 84. “It is well settled that when a mortgage of land is made, purporting to convey the land in fee, any title afterward acquired by the mortgagor will feed the mortgage and enure to the benefit of the mortgagee.” 1 Pingree, Mort. § 304; Clark v. Baker, 14 Cal. 612, 76 Am. Dec. 449; Sherman v. Mc Carthy, 57 Cal. 507; Orr v. Stewart, 67 Cal. 275, 7 Pac. 693. And this is so where the title was in the government when the mortgage was made and a patent afterwards issued to the mortgagor; 1 Pingree, Mort § 304; Spiess V. Neuberg, 71 Wls. 2(9, 37 N. W. 417, 6 Am. St. Rep. 211. See Hughes v. U. S., 4 Wall. (U. S.) 232, 18 L. Ed. 303; French v. Spencer, 21 How. (U. S.) 228, 16 L. Ed. 97. But it Is the prevailing doctrine that in the absence of statutory enactment there must be a covenant of warranty or something tantamount to it, to give this effect to the mortgage; Gray v. Franks, 86 Mich. 382, 49 N. W. 130; Ilowze v. Dew, 90 Ala. 178, 7 South. 239, 24 Am. St. Rep. 783; ICllne v. Ragland, 47 Ark. Ill, 14 S. W. 474. See 1 Pingree, Mort. §§ 690-706. The purchase of a paramount title by a purchaser from the mortgagor does not inure to the benefit of the mortgagee; id. § 1012; and in some cases the mortgagee may be estopped to assert the after-acquired title of the mortgagor against an innocent purchaser; id.; Calder V. Chapman, 52 Pa. 359, 91 Am. Dec. 103. The same principle has obtained by legislative enactment in Louisiana. If a person contracting an obligation towards another, says the Civil Code, art. 3271, grants a mortgage on property of which he is not then the owner, this mortgage shall be valid if the debtor should ever require the ownership of the property, by whatever right. This principle is also adopted by statute in other states, as Arkamsas; Mansf. Dig. § 642; and Califqrnia; Civ. Code § 2930. See Mobtoage.

A term used in equity to denote the confirmation, by relation back, of the right of a mortgagee in premises to which, at the making of the mortgage, the morbgagor had only an imperfect title, but to which the latter has since acquired a good title.

In equity, describes the right in a creditor, who holds a mortgage upon property to which the mortgagor had an imperfect title, to a lien upon the premises, after the debtor has acquired a good title.'

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.