Engineering Law

Cover Engineering Law
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Morley, 8 T. R. 610.
It was contended by the defendant's counsel, at the trial, that the operation of the payment of the mortgage was sufficient, under the circumstances, to constitute the plaintiff the assignee thereof, and to convey to him all the right of the original mort- gagee. This right, . We think, is sustained by the Revised Stat. C. 73, 34, 35. But it by no means follows that the plaintiff has not a double remedy, as the mortgagee had. If the payment operated as an equitable assignme
...nt of the mortgage, it would have the same operation as to the note. If the plaintiff had a right to hold the mortgaged estate until the defendant paid the debt, then most clearly the defendant's promise is binding and obligatory, although the plaintiff had another security.
Default entered. 38 SHEPARD v. RHODES. 7 EHODE ISLAND, 470. 1863.
Assumpsit. Demurrer to declaration.
BULLOCK, J. The count demurred to states, in substance, that the plaintiffs had discharged the defendants, from a certain debt, then due and owing from them to the plaintiffs, in consideration 38 Accord : Doty v.


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