Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/170

 158 a pecific um (e. g. 200𝑙.) and grants him an etate in fee, on condition that if he, the mortgagor, hall repay the mortgagee the aid um of 200𝑙. on a certain day mentioned in the deed, that then the mortgagor may re-enter on the etate o granted in pledge; or, as is now the more uual way, that the mortgagee hall re-convey the etate to the mortgagor: in this cae the land, which is o put in pledge, is by law, in cae of non-payment at the time limited, for ever dead and gone from the mortgagor; and the mortgagee's etate in the lands is then no longer conditional, but abolute. But, o long as it continues conditional, that is, between the time of lending the money, and the time allotted for payment, the mortgagee is called tenant in mortgage. But, as it was formerly a doubt, whether, by taking uch etate in fee, it did not become liable to the wife's dower, and other incumbrances of the mortgagee (though that doubt has been long ago over-ruled by our courts of equity ) it therefore became uual to grant only a long term of years, by way of mortgage; with condition to be void on re-payment of the mortgage-money: which coure has been ince continued, principally becaue on the death of the mortgagee uch term becomes veted in his peronal repreentatives, who alone are intitled in equity to receive the money lent, of whatever nature the mortgage may happen to be.

oon as the etate is created, the mortgagee may immediately enter on the lands; but is liable to be dipoeed, upon performance of the condition by payment of the mortgage-money at the day limited. And therefore the uual way is to agree that the mortgagor hall hold the land till the day aigned for payment; when, in cae of failure, whereby the etate becomes abolute, the mortgagee may enter upon it and take poeion, without any poibility at law of being afterwards evicted by the mortgagor, to whom the land is now for ever dead. But here again the courts of equity interpoe; and, though a mortgage Rh