Graft

Graft in United States

Graft Definition

In equity. A term used to designate the right of a mortgagee in premises to which the mortgagor at the time of making the mortgage had an imperfect title, but who afterwards obtained a good title. In this case the new mortgage is considered a graft into the old stock, and as arising in consideration of the former title. 1 Ball & B. 40, 46, 57; 1 Powell, Mortg. 190. See 9 Mass. 84. The same principle has obtained by legislative enactment in Louisiana. If a person contracting an obligation towards another, says the Civil Code (article 2371), grants a mortgage on property of which he is not then the owner, this mortgage shall be valid if the debtor should ever acquire the ownership of the property, by whatever right.

Graft in Foreign Legal Encyclopedias

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Graft Graft in the World Legal Encyclopedia.
Graft Graft in the European Legal Encyclopedia.
Graft Graft in the Asian Legal Encyclopedia.
Graft Graft in the UK Legal Encyclopedia.
Graft Graft in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Graft

Scan Graft in the appropriate area of law:

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Graft Graft in the Family Law Portal of the American Encyclopedia of Law.
Graft Graft in the IP Portal of the American Encyclopedia of Law.
Graft Graft in the Commercial Law Portal of the American Encyclopedia of Law.
Graft Graft in the Criminal Law Portal of the American Encyclopedia of Law.
Graft Graft in the Antritrust Portal of the American Encyclopedia of Law.
Graft Graft in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Graft Graft in the Constitutional Law Portal of the American Encyclopedia of Law.
Graft Graft in the Tax Law Portal of the American Encyclopedia of Law.
Graft Graft in the and Finance and Banking Portal of the American Encyclopedia of Law.
Graft Graft in the Employment and Labor Portal of the American Encyclopedia of Law.
Graft Graft in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Graft Graft in the Environmental Law Portal of the American Encyclopedia of Law.

Explore other Reference Works

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Graft related entries Find related entries of Graft

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Legal Issue for Attorneys

In equity. A term used to designate the right of a mortgagee in premises to which the mortgagor at the time of making the mortgage had an imperfect title, but who afterwards obtained a good title. In this case the new mortgage is considered a graft into the old stock, and as arising in consideration of the former title. 1 Ball & B. 40, 46, 57; 1 Powell, Mortg. 190. See 9 Mass. 84. The same principle has obtained by legislative enactment in Louisiana. If a person contracting an obligation towards another, says the Civil Code (article 2371), grants a mortgage on property of which he is not then the owner, this mortgage shall be valid if the debtor should ever acquire the ownership of the property, by whatever right.

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This definition of Graft is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.


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