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Updated: August 31, 2025
But then, triumphing over his miseries, came the fancy he could have his dream of love; he had cried for the moon, and now he could have it. III. Ella's Martyrdom The earl's liabilities amounted roughly to ninety thousand pounds. The principal mortgagee was insisting upon payment or foreclosure, and there was a general feeling abroad that the estate was involved beyond its capacity to pay.
In the morning he received the notice "of un commandement tendant a saisie immobiliere," on the part of his creditor, M. Louvier; in plain English, an announcement that his property at Rochebriant would be put up to public sale on a certain day, in case all debts due to the mortgagee were not paid before.
In the body of the note it must be stated that it is secured by mortgage. The date of the note and mortgage should be the same. The man who mortgages his property is the mortgagor. The man to whom the mortgage is given is the mortgagee.
Act after Act has been passed enabling the tenant to borrow money from the British Government on the security of the holding, for the purpose of enabling him to purchase the fee-simple. In such transactions the British Government becomes the mortgagee, and can only recover its money, if default is made in payment, by ejecting the tenant and becoming the landlord.
A complete settlement is when, all payments being made, the mortgagee surrenders the note and its security, and causes to be written by the register, on the margin of the copy in his books, the words, "discharged," or "satisfied," affixing thereto his official signature and the date. A mortgage is regarded in law as personal property.
The monastery too was a proprietor that never died and never wasted. The farmer had a deathless landlord then; not a harsh guardian, or a grinding mortgagee, or a dilatory master in chancery, all was certain; the manor had not to dread a change of lords, or the oaks to tremble at the axe of the squandering heir.
Aldis Wright has been unable to trace with certainty the subsequent owner of her, though he has reason to think that she was sold to Sir Cuthbert Quilter. She had served her purpose. She was, as Posh assures me, a "fast and handy little schooner." After her sale FitzGerald still remained the mortgagee of the Meum and Tuum and the Henrietta. But this was not to last indefinitely.
Between Chester and Crewe he had quite a doze, and dreamed that he had married Ella after all, and that her twenty thousand pounds had put the earthenware business on a footing of magnificent and splendid security. A few months later Horace's house and garden at Toft End were put up to auction by arrangement with his mortgagee and his trade-creditors.
There was scarcely an attorney in the whole country that did not carry on the double trade of quill-driving and clod-hopping. Most of them purchased land, even if they borrowed the money to pay for it; and many, many of them, after having farmed and farmed, till they had not a shilling in their pockets to support their families, have been compelled to give up their estates to the mortgagee.
If a payment is accepted on a mortgage and the amount is not sufficient to meet the sum required, the interest is first settled in full, the rest is credited to the principal. When the full amount, with interest, is paid in, it becomes the duty of the mortgagee to have the mortgage "discharged."
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