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Welsh Mortgage

Defined in 6 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Stimson (1881), Abbott (1879)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In English law. A species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given as a security for the repayment, but differs from it in the circumstances that the rents and profits are to be received without account till the principal money is paid off, and there is no remedy to enforce payment, while the mortgagor has a perpetual power of redemption. It is a species of vivum vadium. Strictly, however, there is this distinction between a Welsh mortgage and a vivum vadium, — in the latter, the rents and profits of the estate are applied to the discharge of the principal after paying the interest; while in the former, the rents and profits are received in satisfaction of his interest only. 1 Powell, Mortg. 373a.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A mortgage where-under the mortgagee enters and takes the rents instead of interest, has no action for the recovery of the principal, but reconveys when it is paid. See 2 Woodb. & M. 426, 3 Fed. Cas. (U. S.) 244.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

In English Law. A species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given as security for the repayment, but differs from it in the circumstances that the rents and profits are to be received without account till the principal money is paid off, and there is no remedy to enforce payment, while the mortgagor has a perpetual power of redemption. It is now rarely used. It is a species of vivwn vadium. Strictly, however, there is this distinction between a Welsh mortgage and a vivum vadium: in the latter the rents and profits of the estate are applied to the discharge of the principal after paying the interest; while in the former the rents and profits are received in satisfaction of his interest only; 1 Powell, Mortg. 373 a; Jones, Mtg. 1153. See Mortgage.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

An old mortuum vadium, veyed to the creditor, redeemable at any the principal debt; the mesne profits going the antiehresis.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

A species of mortgage in which there is no condition or proviso for repayment at any time. The agreement is that the mortgagee, to whom the estate is conveyed, shall receive the rents till his debt is paid, and in such case the mortgagor and his representatives are at liberty to redeem at any time. Smith Man. Eg.