Loanword

“ The following are the words of my lord Coke. “When all estates were fee simple, then were purchasers sure of their purchases, farmers of their leases, creditors of their debts; the king and lords had their escheats, forfeitures, wardships, and other profits of their seignories: and for these, and other like cases, by the wisdom of the common law, all estates of inheritance were fee simple; and what contentions and mischiefs have crept into the quiet of the law by these fettered inheritances, daily experience teacheth us.” ”

“ In the sentiment of an early society, as in the old Roman law, a distinction is commonly made between the principal and the interest of a loan, though the creditors have sought to blend them indissolubly together. If the borrower cannot fulfil his promise to repay the principal, the public will regard him as having committed a wrong which he must make good by his person. ”

“ Do it, sir, do it."
"Such a deed cannot be drawn up in less than a fortnight, and we must have your husband's assent, madame."
"But the estate is mine, and mine only," said the duchess, impatiently.
"No matter, madame, you have a husband; and mortgage deeds are very long and very minute." [Pg 161]
"But, once again, sir, you will not ask me to believe that it is so difficult to find one hundred thousand francs in two hours?"
"Then, madame, apply to the notary you usually employ, or your steward; as for me, it is impossible." ”

“ Loans are made on written applications which are required to designate the purpose for which the loan is to be used, and the borrower is required to agree that the loan shall be used for those purposes. ”

“ And, if they shall wish, they may have the lands and revenues of the debtor until satisfaction shall have been given them for the debt previously paid for him; unless the chief debtor shall show that he is quit in that respect towards those same sponsors.
10. If any one shall have taken any sum, great or small, as a loan from the Jews, and shall die before that debt is paid,—that debt shall not bear interest so long as the heir, from whomever he may hold, shall be under age. And if the debt fall into our hands, we shall take nothing save the chattel contained in the deed. ”

“ When someone lends another money with a written deed, he may collect from the borrower's real estate, even if the deed does not specifically mention a lien, since we rule that [omission of mention of] a lien is considered to have been a mistake on the part of the writer of the deed. If there are witnesses that the loan was effected with a "kinyan sudar", then even without a deed the lender may collect from the borrower's real estate. ”

“ Discovering, or fancying he discovers, signs that his eloquence is likely to be unproductive, he is fortunately reminded that, should there be any difficulty in connection with security for the repayment of the loan, he is at that moment in possession of a document, which he is prepared to deposit with the lender—a document calculated, he cannot doubt, to remove any feeling of anxiety which the most prudent person could experience in the circumstances. ”

“ If we should ask of a moneyed man a loan of one hundred dollars, payable with one hundred acres of land at the end of ten years, and in the meantime carrying an interest of five per cent., this would be more disadvantageous to the lender than a common loan, payable ultimately in cash. But if we should say, we will deliver you the one hundred acres of land immediately, which is in fact an immediate payment of the principal, and will nevertheless pay your interest of five per cent., for ten years, this offers a superior advantage, and might tempt money holders. ”

“ Even if much time has passed before the lender approaches the witnesses and asks them to write him a deed, they may write it and give it to him, and they do not need to worry that the borrower has already repaid the debt, as long as they specifically note the time of the kinyan, or write, "We delayed in writing this document." Even if the borrower dies before writing the deed, and even if the due date of the debt has passed, they may write the deed after his death. Similarly if the lender died and his heirs come to the witnesses to write a deed for them, they may write it. ”

“ This having been said, we shall not be surprised to find that in ancient times the difference between a gift of land and a loan of land was not nearly so well marked as it would be by modern law. The loan may be regarded as a temporary gift, the gift as a very permanent, if not perpetual, loan. We know how this matter looks in the law of Bracton’s age. By feoffment one gives land to a man for his life, or one gives it to him and the heirs of his body, or to him and his heirs: but in any case, the land may come back to the giver. ”

“ I write to my banker in Blois by this same mail, telling him not to advance you a centime. I shall also write to my friend Bossard, the notary at Pont Brillant, who is as good as a town crier, to proclaim it from the housetops that, in case you try to borrow any money, no one is to loan you a sou, for any debts contracted by a wife without the husband's consent, or rather when he has given due notice that he has no intention of paying them, are null and void. ”

“ That they are just in themselves, as between creditors, is obvious from the fact, that a personal debt, as, for instance, a promissory note, or a book account, is, in equity, a lien upon all a debtor’s general property, in very nearly the same manner, except in form, that a mortgage is a lien upon a specific parcel of real estate. ”

“ The lender is not even believed where he is negatively impacting himself too, such as where the document is for 200 and he only owes others 100. If after the lender said the document was given on trust, he paid back his creditor and he now wants to use this document to collect from the borrower we analyze the situation. ”

“ We don’t want to beg, Uncle. We only ask you if you could give us a loan.’ We’ll have to mention money, girls,” said Mollie; “we can’t wait till he comes——‘perhaps you could give us a loan by helping Father and Mother (who work so hard) , and when we grow up we’ll pay back every penny of it. We’re all strong and healthy and willing to work.’”
“‘And we’re as clever as most people,’” put in Eileen. ”

“ Therefore, when any scholar secular or religious, whom for this purpose we regard with equal favour, shall seek to borrow any book, let the keepers diligently consider if they have a duplicate of the said book, and if so, let them lend him the book, taking such pledge as in their judgment exceeds the value of the book delivered, and let a record be made forthwith of the pledge and of the book lent, containing the names of the persons delivering the book and of the person who receives it, together with the day and year when the loan is made. ”

“ A bailee, a carrier of goods, a consignee who has authority to sell them, a factor, pledgee, warehouseman, an assignee for the benefit of creditors, an executor or administrator, an attachment creditor, but not a general creditor, a landlord, tenant, mortgagee of real or personal property, a lienor, for example, the holder of a mechanic's lien, a receiver, residuary legatee or devisee, a trustee, vendees and vendors of real and personal property, the owner of stock in a corporation, any agent who has the care and management of his principal's property, besides many others. ”

“ A loan office certificate differs in nothing from a common bill of credit, except in its higher denomination, and in the interest allowed on it; and the interest is allowed merely as a compensation to the lender for exchanging a number of small bills, which, being easily transferable, are most convenient, for a single one so large as not to be transferable in ordinary transactions. ”

“ But, on looking at the ancient land-books, we may find reason to suspect that the confusion of loans with gifts and gifts with loans (if we may speak of confusion where in truth the things confounded have never as yet been clearly distinguished) is one of the original germs of the rule that all land is held of the king. ”

“ So much for business, but there are two things more: I have no relatives living save my wife’s sister. Therefore, Sir Hugh and Captain Richard, I have made you my joint heirs with her; my testament duly signed and witnessed is in that case with the other papers. My wealth is not great. Still there are certain land and manors in England, a sum of money placed with a merchant in London, whose name you will find written in the testament, my plate and gold coin here, though the former you may not be able to move. ”

“ If a debtor dies and leaves an estate to his heirs, the estate shall be expended in payment of his debts whether it is sufficient in amount or not.
Sec. 4. If the heirs divide their inheritance before they know of the existence of a claim for debt against the estate, they shall return their shares to pay the debt, whether the inheritance is sufficient or not; and if they have used their inheritance prior to the knowledge of the debt, they shall pay out of their own property an amount equal thereto in payment of the debt. ”

“ All attempts to borrow a loan have failed and continue to fail. After I had sold all that I possessed, need compelled me at last to sell the letters which I had received in the course of years, i.e. other people's property. ”

“ Had there been no widow the younger brother would have gone to live with one of his elder brothers, who would have taken both his share and his younger brother’s share of the property, and paid his younger brother’s marriage price and launched him into the world as his father would have done had he lived.8 All land inherited from the father would have been held in common, as described above. Debts are inherited just as property is, and many a man inherits nothing else. ”

“ No person shall, directly or indirectly, receive in money, goods, or things in action, or in any other manner, any greater sum of value for the loan of money, or upon contract founded upon any bargain, sale, or loan of real or personal property, than is in this chapter prescribed. ”

“ Where is the title of the land, until it shall be known that it will be wanted for the payment of debts? It is in the heir or the devisee, and the personal representative has nothing but a power to sell it for the payment of debts. He has a power to sell only on the arrival of certain events ”

“ Consequently, the natural obligation of a contract of debt binds the debtor's property, and nothing more. That is, it gives the creditor a mortgage upon the debtor's property, and nothing more.
A first debt is a first mortgage; a second debt is a second mortgage; a third debt is a third mortgage ”

“ Now came into existence an entire new class of philanthropists; men who were ever ready to lend their money to such of the needy as possessed property, taking judgment bonds, mortgages, and other innocent securities, which were received because the lender always acted on a principle of not lending without them, or had taken a vow, or made their wives promises; the end of all being a transfer of title, by which the friendly assistant commonly relieved his dupe of the future care of all his property. ”

“ Justice Story, 'of a composition or trust deed, in cases of insolvency, usually is that the property of the debtor shall be assigned to trustees, and shall be collected and distributed by them among the creditors, according to the order and terms prescribed in the deed itself; and, in consideration of the assignment, the creditors, who become parties, generally agree to release all their debts beyond what the funds will satisfy.' 1 Story, Eq. ”

“ The same marshalling of assets may take place in favour of legatees, and against assets descended they have the same equity; as, for instance, when a simple contract creditor, who is prior in his claim to a general legatee, shall have been satisfied out of the personal assets, when they ought to have been left for the satisfaction of inferior claims, the general legatee shall stand in his place as to the real assets ”

“ If a debtor has handed over a male or female slave to work off a debt, and the creditor proceeds to sell same, no one can complain.
§ 119. If a man owes a debt, and he has assigned a maid who has borne him children for the money, the owner of the maid shall repay the money which the merchant gave him and shall ransom his maid. ”

“ Every once in a while a rumor leaks out that some great estate has been left in England, or somewhere else across the water, with no native heirs. You or I, if we happen to have a family name that fits in, are invited to contribute to a sum which is being made up to pay the cost of establishing the rights of the American descendants, and there you are. ”

“ Lands, tenements, goods and chattels of accountants teller, or receiver who are in debt may be obtained by court order to satisfy the debt by garnishing the heir of the debtor after the heir has reached 21 and for the 8 years next ensuing. ”

“ And be it further enacted, That nothing in the act contained, entitled an act authorizing the loan, above referred to, and an act amendatory of the same, shall be so construed as to authorize the issue of certificates of stock, for debts now due or to become due by the United States, for any other purpose than a bona fide loan to the Government according to the original intention of that law, and that no certificate for any loan shall be issued for a less sum than one hundred dollars. ”