Topic: the note and mortgage are inseparable; the former as essent… · Go Syfert
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Topic #1012

6 canonical passages across 6 cases, quoted by 28 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Carpenter v. Longan.

#Case FlagCanonical passage Citers
1 Carpenter v. Longan Anchor
scotus · 1873
green “the note and mortgage are inseparable; the former as essential, the latter as an incident. an assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.” 7
2 United States v. Ramirez
ca5 · 2009
green “this court does not entertain arguments raised for the first time in a reply brief.” 5
3 Best Fertilizers of Arizona, Inc. v. Burns
arizctapp · 1977
green “the note is the cow and the mortgage the tail. the cow can survive without a tail, but the tail cannot survive without the cow.” 4
4 Commercial Services of Perry, Inc. v. Wooldridge
texapp · 1998
green “to collect on a promissory note, a plaintiff must establish: (1) the existence of the note in question, (2) the defendant signed the note, (3) the plaintiff is the owner and holder of the note, and (4) a certain balance is due and owing on the note.” 4
5 In Re Washington
mowb · 2011
green “possession of the note insures that this creditor, and not an unknown one, is the one entitled to exercise rights under the deed of trust, and that the debtor will not be obligated to pay twice.” 4
6 Livonia Properties Holdings, LLC v. 12840-12976 Farmington Road Holdings, LLC
ca6 · 2010
green “obligors have standing to raise these claims because they cannot otherwise protect themselves from having to pay the same debt twice.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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