(DOWNLOAD) "David Bush, Plaintiff in Error v. James I. Person" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: David Bush, Plaintiff in Error v. James I. Person
- Author : United States Supreme Court
- Release Date : January 01, 1855
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Mr. Bayard explained the doctrine of estoppel at common law, and referred to Williams v. Saunders, 80, note. But where there is no covenant of warranty there is no estoppel, 11 How. 298; and in this case there was none. The law of the State implies such a covenant from a deed of bargain and sale, but not as between mortgagor and mortgagee. Mr. Crittenden contended that the second section of the bankrupt act excepted mortgages and other securities for debt. It says that mortgages must remain unimpaired, but if Bush is allowed to hold, the mortgage certainly is impaired.