The equity of redemption : its nature, history and connection with equitable estates generally
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Bibliographic Information
The equity of redemption : its nature, history and connection with equitable estates generally
（Cambridge studies in English legal history）
Cambridge University Press, 2013
- : pbk
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First published: 1931
Description and Table of Contents
Description
Originally published 1931, this book contains the substance of the Cambridge University Yorke Prize Essay for 1923. The text discusses the equity of redemption in terms of its characteristics, its historical development and connection with equitable estates generally. The subject matter was obtained by a study of every case on mortgages found in the Chancery Reports up to the year 1750, and numerous cases in the common law reports found by reference. For the reports concerning mortgages after that date, a selection was made from textbooks on the area. Various indices and an appendix section are also included. This book will be of value to anyone with an interest in the equity of redemption and legal history.
Table of Contents
- General preface H. D. Hazeltine
- Author's preface
- Index of cases
- Index of statutes
- Index of year books
- 1. Introduction: the common law conception of an 'estate'
- 2. The foundation of the equity of redemption
- 3. Hale and Nottingham: the equity of redemption as a thing, an interest in land
- 4. Hardwicke: the equity of redemption as an estate in land
- 5. The nature of the mortgagor's possession
- 6. The influence of Roman law and the movement towards hypotheca
- 7. The equity of redemption and rights in rem and in personam
- 8A. Incidents of analogy with the trust
- 8B. The mortagee as a trustee
- 8B. The theory of clogging the equity of redemption
- Appendix D. The mortgagor and the franchise
- Appendix
- Index.
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