Document Type

Book Review


Book Review: A Treatise on Mortgages, 44 Yale Law Journal 1278 (1935)


This is a handbook on the legal doctrine about some of the more important real estate mortgage problems. The structure of the book is that of the orthodox law school course. There are fifteen chapters which range, after a prologue on the history of mortgage theory, through "equitable mortgages," interests that may be mortgaged, the mortgage debt, rights and duties of the parties, priorities, discharge, redemption and so on to foreclosure, foreclosure sales, and power of sale mortgages. The author states in a foreword that his purpose is to "restate the fundamentals" of mortgage law in the light of the "merger" of law and equity and as revealed by history. Though he recognizes that "no other branch of the law" can boast so much contrariety of decision and confusion of statement, be promises "finally to reconcile or to explain the many conflicting decisions and opposing theories." The book is to provide practicing lawyers with a "carefully developed and logical analysis of the law of mortgages as it is, in its historical perspective" and to be helpful to students as collateral reading.

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