Topic: the whole doctrine of equitable mortgages is founded upon t… · Go Syfert
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Topic #32024

4 canonical passages across 4 cases, quoted by 12 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 Sprague v. . Cochran.

#Case FlagCanonical passage Citers
1 Sprague v. . Cochran Anchor
· 1894
green “the whole doctrine of equitable mortgages is founded upon the cardinal maxim of equity which regards that as done which has been agreed to be done, and ought to have been done” 3
2 Miller v. Bruno
nyappdiv · 2004
green “while 'a court will impose an equitable mortgage where the facts surrounding a transaction evidence that the parties intended that a specific piece of property is to be held or transferred to secure an obligation' . . . , 'it is necessary that an intention to create such a charg…” 3
3 New York TRW Title Insurance v. Wade's Canadian Inn and Cocktail Lounge, Inc.
nyappdiv · 1993
green “an equitable mortgage may be constituted by any writing from which the intention so to do may be gathered, and an attempt to make a legal mortgage, which fails for the want of some solemnity, is valid in equity” 3
4 In re Kornreich
nyappdiv · 1999
green “equity generally 'will keep an encumbrance alive, or consider it extinguished, as will best serve the purposes of justice” 3

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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