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Book The Equity of Redemption

    Book Details:
  • Author : R. W. Turner
  • Publisher : Cambridge University Press
  • Release : 2013-10-17
  • ISBN : 1107695449
  • Pages : 273 pages

Download or read book The Equity of Redemption written by R. W. Turner and published by Cambridge University Press. This book was released on 2013-10-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. It will be of value to anyone with an interest in the equity of redemption and legal history.

Book the equity of redemption

Download or read book the equity of redemption written by and published by CUP Archive. This book was released on with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Why the Equity of Redemption

Download or read book Why the Equity of Redemption written by D.P. Waddilove and published by . This book was released on 2018 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'equity of redemption' is an equitable doctrine undergirding the law of secured lending in the common-law world. It holds that despite any legal forms to the contrary, a borrower remains the true owner of pledged/mortgaged property, with a right to redeem such property upon payment of principal, interests, and costs at any time until a court of equity forecloses a borrower's interest. This doctrine originated in the English Court of Chancery in the early-modern period, and coincided with a significant expansion in the use of mortgages. This chapter explores why the equity of redemption arose. It does so by situating the doctrine in the social context of its origin in early modern England. It shows that several traditional explanations for the doctrine, such as the Chancery offering programmatic support for the landed classes, or seeking to capture jurisdiction and increased business and fees from the common-law courts, or intentionally providing a counterweight to the weak bargaining power of mortgagors, are likely misunderstandings. Instead, primary sources suggest that the doctrine is best understood as judicial enforcement of social norms related to mortgage debts in preference to legal technicalities; the equity of redemption was enforcement of “real-world” expectations over legal rights. Why the equity of redemption arose is therefore because it was the most obviously “fair” or intuitively “reasonable” way to address mortgage forfeiture at the time. The equity of redemption was the layman's response to mortgage forfeiture rather than the lawyer's.

Book The Equity of Redemption

Download or read book The Equity of Redemption written by Richard Walter Turner and published by . This book was released on 1982 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Clogging the Equity of Redemption

Download or read book Clogging the Equity of Redemption written by Lindy Willmott and published by . This book was released on 2016 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand the concept of equity of redemption it is necessary to understand the influences of equity upon money lending transactions involving the security of real property over many centuries. Under an old system mortgage, the legal title of the borrower was conveyed to the mortgagee and, upon redemption of the debt, the mortgagor was entitled to a reconveyance of the land which had been the subject of the security. The Court of Chancery developed jurisdiction to set aside the legal title of the mortgagee by compelling the mortgagee to reconvey title to the mortgagor where the mortgagee refused to do so, thus recognising the mortgagor's right to redeem the security. This jurisdiction owes its origin to the influence of the church in endeavouring to curb the effects of usury.

Book The Equity of Redemption

    Book Details:
  • Author : Richard W. Turner
  • Publisher :
  • Release : 1986
  • ISBN : 9780912004532
  • Pages : 269 pages

Download or read book The Equity of Redemption written by Richard W. Turner and published by . This book was released on 1986 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Land and Credit

Download or read book Land and Credit written by Chris Briggs and published by Springer. This book was released on 2018-02-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates the use of mortgages in the European countryside between the thirteenth and eighteenth centuries. A mortgage allowed a loan to be secured with land or other property, and the practice has been linked to the transformation of the agrarian economy that paved the way for modern economic growth. Historians have viewed the mortgage both positively and negatively: on the one hand, it provided borrowers with opportunities for investment in agriculture; but equally, it exposed them to the risk of losing their mortgaged property. The case studies presented in this volume reveal the variety of forms that the mortgage took, and show how an intricate balance was struck between the interests of the borrower looking for funds, and those of the lender looking for security. It is argued that the character of mortgage law, and the nature of rights in land in operation in any given the place and period, determined the degree to which mortgages were employed. Over time, developments in these factors allowed increasing numbers of peasants to use mortgages more freely, and with a decreasing risk of expropriation. This volume will be appealing to academics and researchers interested in financial history, rural credit and debt, and the economic history of agrarian communities.

Book Development of the Equity of Redemption

Download or read book Development of the Equity of Redemption written by K. A. Chambers and published by . This book was released on 1980 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Law and Property

    Book Details:
  • Author :
  • Publisher :
  • Release : 1982
  • ISBN :
  • Pages : 1168 pages

Download or read book Law and Property written by and published by . This book was released on 1982 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Equity of Redemption

Download or read book The Equity of Redemption written by Richard W. Turner and published by . This book was released on 1986 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Equity Redemption Guide

Download or read book Equity Redemption Guide written by and published by . This book was released on 1983 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A Treatise on the Law of Mortgages of Real Property

Download or read book A Treatise on the Law of Mortgages of Real Property written by Leonard Augustus Jones and published by . This book was released on 1928 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Law and Property

    Book Details:
  • Author : Roland Alan Warrington
  • Publisher :
  • Release : 2014
  • ISBN :
  • Pages : pages

Download or read book Law and Property written by Roland Alan Warrington and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Canadian Law of Mortgages

Download or read book The Canadian Law of Mortgages written by Joseph E. Roach and published by . This book was released on 2010 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Cases and Materials on Land Financing

Download or read book Cases and Materials on Land Financing written by Norman Penney and published by . This book was released on 1985 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Redeeming Justice

Download or read book Redeeming Justice written by Jarrett Adams and published by Convergent Books. This book was released on 2021-09-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A moving and beautifully crafted memoir.”—SCOTT TUROW “A daring act of justified defiance.”—SHAKA SENGHOR “Nothing less than heroic.”—JOHN GRISHAM He was seventeen when an all-white jury sentenced him to prison for a crime he didn’t commit. Now a pioneering lawyer, he recalls the journey that led to his exoneration—and inspired him to devote his life to fighting the many injustices in our legal system. Seventeen years old and facing nearly thirty years behind bars, Jarrett Adams sought to figure out the why behind his fate. Sustained by his mother and aunts who brought him back from the edge of despair through letters of prayer and encouragement, Adams became obsessed with our legal system in all its damaged glory. After studying how his constitutional rights to effective counsel had been violated, he solicited the help of the Wisconsin Innocence Project, an organization that exonerates the wrongfully convicted, and won his release after nearly ten years in prison. But the journey was far from over. Adams took the lessons he learned through his incarceration and worked his way through law school with the goal of helping those who, like himself, had faced our legal system at its worst. After earning his law degree, he worked with the New York Innocence Project, becoming the first exoneree ever hired by the nonprofit as a lawyer. In his first case with the Innocence Project, he argued before the same court that had convicted him a decade earlier—and won. In this illuminating story of hope and full-circle redemption, Adams draws on his life and the cases of his clients to show the racist tactics used to convict young men of color, the unique challenges facing exonerees once released, and how the lack of equal representation in our courts is a failure not only of empathy but of our collective ability to uncover the truth. Redeeming Justice is an unforgettable firsthand account of the limits—and possibilities—of our country’s system of law.