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HARTER v. TWOHIG

No. 251.

158 U.S. 448 (1895)

HARTER v. TWOHIG.

Supreme Court of United States.

Decided May 27, 1895.

Attorney(s) appearing for the Case

Mr. Henry W. Harter, with whom was Mr. J.H. Swan on the brief, for appellants.

Mr. W.E. Gantt for appellee submitted on his brief.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

In respect of the nature of a conveyance in mortgage at common law, the legal title vested in the mortgagee and was forfeited upon default, but equity established the right of redemption after default. And, variously modified, where the common law doctrine prevails, a mortgage is still regarded as a conveyance in fee, although a conveyance as a security, while in...

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