Page:The American Cyclopædia (1879) Volume XI.djvu/870

 852 MORTIER MORTIMER promise besides the payment of money; but the rules above given are equally applicable to all cases. Something may here be said of equitable liens in the nature of mortgages. In England, where the borrower of money de- posits with the lender the title deeds of an estate, he is regarded as charging the estate in equity with a lien for the security of the loan, and this is called an equitable mortgage, be- cause the courts of equity take notice of and enforce it, though it is not recognized at law. This principle is unknown in the law of 'the United States. But the similar lien of the vendor of lands for unpaid purchase money is recognized both here and in England. (See LIEN.) Many of the rules applicable to mort- gages of real property are involved also in those of personal property, but the difference in the subjects introduces some differences into the law. Any personal property, and any profits arising out of personal chattels, may be the subjects of mortgage. But the articles must be such that they are capable of being specifically designated and identified by written description. The mortgagee has the legal title subject to be defeated by redemption, and, un- less otherwise agreed, the right to the imme- diate possession. As between the parties, the mortgage is valid without a change of pos- session ; but as to subsequent purchasers and creditors, the continued possession by the mort- gageor is prima facie but not conclusive evi- dence of fraud ; the burden of proof rests on the mortgagee to explain the transaction, and it is for the jury to decide upon the facts. The mortgage must be generally recorded upon a public register ; but a full actual notice, such a notice, says the court in Massachusetts, as would have been given by the instrument of mortgage, may preclude a subsequent purchaser or creditor from availing himself of the omis- sion of registration. Under the usual statutory provisions the mortgage must be recorded in the town where the mortgageor lives. In these mortgages the property passes so completely to the creditor that, unlike the equity of re- demption in mortgages of real property, it cannot be seized on execution or attached as the property of a mortgageor. This rule is modified by statute in some of the states. As to assignment and extinguishment of the mort- gage by payment, the same general principles apply as to mortgages of real property. The same remark may be made of the distinction between mortgages and conditional sales. The legal doctrine respecting the mortgagee's inter- est being strictly maintained, a failure to pay the debt at the time appointed vests in him an absolute title, unless where the statutes of the state in which the transaction took place pro- vide an equity of redemption. In other cases, however, this right may be given by courts having equitable powers. MORTIER, Edonard Adolphe Casimir Joseph, duke of Treviso, a French soldier, born at Cateau- Oambresis, Feb. 13, 1768, died in Paris, July 28, 1885. lie served as captain under Du- mouriez in 1791, was made adjutant general for his bravery at Hondschoote in 1793, and became brigadier after the battle of Altenkir- chen, June 4, 1796. In this capacity he served in 1799 on the Danube, and in Switzerland under MassSna. After the 18th Brumaire Bo- naparte made him commander of the 15th and 16th military districts, sent him to Hanover, which he conquered in 1803, put him at the head of the artillery of the consular guard, and in 1804 made him marshal of the empire. He led a division in the campaign against Aus- tria in 1805 ; subdued Hesse-Cassel and Ham- burg in 1806 ; worsted the Swedes in several encounters, and occupied Pomerania with the exception of Stralsund. In 1807 he assisted in the campaign against Prussia, fought at Fried- land, and received the title of duke of Treviso. As commander of the 5th corps of the army in Spain, he participated in the siege of Saragossa, won a victory at Ocafia, Nov. 19, 1809, laid siege to Cadiz, and defeated the Spaniards on the Gevora in 1811. In the expedition against Russia in 1812, he commanded the junior im- perial guard. He figured in nearly all the bat- tles fought in 1813; and on March 30, 1814, with Marmont, he took part in the defence of Paris. Having adhered to the Bourbons, he was named peer of France during the first restoration, but joined Napoleon on his return from Elba. On the second restoration, his refusal to sit among the judges of Marshal Ney lost him his peerage. In 1816 he was elected to the chamber of deputies, and in 1819 was restored to his seat in the upper chamber, where he voted with the liberal party. Under Louis Philippe he" was ambassador to Russia in 1831, and prime minister in 1834, with the portfolio of the war department. He was killed by Fieschi's "infernal machine," while on horseback by the side of Louis Philippe. MORTIFICATION. See GANGRENE. MORTIMER, Roger, baron of Wigmore, earl of March, the favorite of Isabella, queen consort of Edward II. of England, executed at Smith- field, Nov. 29, 1330. He was convicted of treason in the reign of Edward II. and par- doned, but afterward took part in the rebellion of the earl of Lancaster, and was made prison- er at Boroughbridge in 1322. His life was again spared, and having escaped from the tower, he went to France and entered the ser- vice of Charles of Valois. At Paris in 1325 he met Queen Isabella, who had been sent thither by Edward to negotiate a treaty. The queen entered into guilty relations with him, and, having secured the person of her young son, planned with Mortimer and the other leaders of the barons to secure possession of the kingdom. Mortimer went with her to England in 1326. The king was deposed, and his son Edward III. was proclaimed in his stead, and for some years Isabella and her para- mour governed the realm in the name of the young prince. A council of regency had been