36 M O R 
foever. It is not, however, ufual for mortgagees to take 
poffeflion of the mortgaged eftate, unlefs where the fecu- 
rity is precarious or fmall; or where the mortgager ne¬ 
glects even the payment of intereft. When the mort¬ 
gagee is frequently obliged to bring an ejeftment, and 
take the land into his own hands, it is in the nature of a 
pledge, or the pignus of the Roman law : whereas, while 
it remains in the hands of the mortgager, it more refem- 
bles their hypotheca, which was, where the poffeflion of 
the thing pledged remained with the debtor. But, by 
7 Geo. II. c. 20. after payment or tender by the mortgager 
of principal, intereft, and cofts, the mortgagee can obtain 
no ejeftment; but may be compelled to re-afiign his fe- 
curities. Blachfi. Com. b. ii. c. io. 
The right of redemption is not confined to the mort¬ 
gager, his heirs, executors, afiignees, or fubfequent in¬ 
cumbrances ; but extends to all perfons claiming any in¬ 
tereft whatever in the premifes as againft the mortgager; 
therefore a perfon claiming under a deed void (as being 
voluntary) againft a fubfequent mortgagee, may redeem j 
for the deed, though void as to the mortgagee, is binding 
on the mortgager. A fortiori may any perfon who has 
acquired for valuable confideration an intereft in the land, 
as a tenant under the mortgager; the crown may alfo re¬ 
deem eftates mortgaged, and afterwards forfeited by the 
treafon, &c. of the mortgager. 
As the heir at law is regularly entitled to the benefit of 
redemption, he is alfo entitled to the aftiftance of the per- 
fonal eftate of the mortgager for that purpofe. And on 
this foundation it hath been frequently held, that if a man 
mortgage lands, and covenants to pay the money, and 
dies, the perfonal eftate of the mortgager ftiall, in favour 
of the heir, be applied in exoneration of the mortgage. 
It has likewife been held, that the heir of the mortgager 
fliall have the benefit of the perfonal eftate to pay off the 
mortgage, though there be no covenant in the mortgage- 
deed for the payment thereof. 
If any perfon, who fhall once mortgage lands for valua¬ 
ble confideration, fhall again mortgage the fame lands or 
any part thereof to any other perfon for valuable confi¬ 
deration, (the former mortgage being in force,) and fhall 
not difcover to the fecond mortgagee the former mort¬ 
gage, in writing under his hand, fuch mortgager, his 
heirs, &c. fhall have no relief or equity of redemption 
againft the fecond or after mortgagee, &c. And fuch fe¬ 
cond or third mortgagees may redeem any former mort¬ 
gage, upon payment of the principal debt, intereft, and 
colls of fuit, to the proper mortgagee, &c. But the ftatute 
does not bar any widow of any mortgager from her dower, 
who did not legally join with her hufband in fuch mort¬ 
gage, or otherwife lawfully exclude herfelf. 
It hath been held, that this ftatute extends to afiignees 
of a mortgagee. A perfon, who will take advantage of 
the ftatute, mull be an honeft mortgagee; therefore, if a 
man has ufed any fraud or pradice in obtaining a fecond 
mortgage, he fhall not have the benefit of the ftatute. 
It has been faid to be an eftablifhed rule of equity, that 
a fecond mortgagee, who has the title-deeds, without notice 
of any prior incumbrance, fhall in all cafe's be preferred ; 
but lord Thurlow held, that a fecond mortgagee in pof¬ 
feflion of the title-deeds was preferred only in cafes where 
the firft had been guilty of fraud or grofs negligence. 
Whatever may be the value of the eftate, it is of great 
Importance to thofe who lend money upon real fecurity, 
to be certain that there is no prior mortgage upon the 
eftate; for it has been long fettled, that if a third mort¬ 
gagee, who at the time of his mortgage had no notice of 
the fecond, purchafes the firft mortgage, even pending a 
bill filed by the fecond to redeem the firft, both the firft 
and third mortgages fhall be paid out of the eftate before 
any fhare of it can be appropriated to the fecond. But 
among mortgagees where none has the legal eftate, the 
rule in equity is, qui prior ejl tempore, potior ejljure. 
As to the nature of the eftates of the mortgager and 
mortgagee; it feems to be at length fettled, that, as the 
M O R 
mortgagee is confidered as holding the eftate merely in 
the nature of a pledge or fecurity for payment of his mo¬ 
ney ; a mortgage, though in fee, (the legal eftate in which 
def'cends to the heir at law,) is confidered, in equity, only 
as perfonal eftate. By flat. 7 Will. III. c. 25, it is enafited, 
“ That no perfon or perfons fhall be allowed to have any 
vote in election of members to ferve in parliament, for 
or by reafon of any truft-eftate or mortgage, unlefs fuch 
truftee or mortgagee be in aftual poffeflion, or in receipt of 
the rents and profits of the fame ; but then the mortgager, 
or cejiui que truji, in poffeflion, ftiall and may vote for the 
fame, notwithftanding fuch mortgage or truft.” And by 
flat. 9 Ann. c. 5, which requires, that knights of the fhire 
fhould have 600I. per ann. and every other member 300I. 
per ann. it is enafted, “ That no perfon fhall be qualified 
to fit in the houfe of commons, within the meaning of the 
aft, by virtue of any mortgage whereof the equity of re¬ 
demption is in any other perfon; unlefs the mortgagee 
ftiall have been in poffeflion of the mortgaged premifes for 
feven years before the time of eleftion. Jacob’s Law Di6l. 
edit. 1810. 
To MORTGAGE, v. a. To pledge; to put to pledge ; 
to make over to a creditor as a fecurity.—Their not abat¬ 
ing of their expenfive way of living has forced them to 
mortgage their bell manors. Arbuthnot. 
Some have his lands, but none his treafur’d ftore ; 
Lands unmanur’d by us, and mortgag'd o’er and o’er. Harte. 
MORTGAGEE', f. He that takes or receives a mort¬ 
gage.—An aft may pafs for publick regiftries of land, by 
which all purchafers or mortgagees may be fecured of all 
monies they lay out. Temple's Miscellanies. 
MORTGAGER, f. He that gives a mortgage. 
MORTH, f. [Sax. death.] Murder. 
MORTHLA'GA, f. A murderer; manflayer. 
MOR'THLAGE, / Homicide ; murder. 
MORTI'ER, f. [French.] A badge or enfignof digni¬ 
ty, borne by the chancellors and great prefidents of the 
parliaments of Paris. That borne by the chancellor was 
a piece of cloth of gold, lined and turned up with ermine; 
that of the firft prefident was a piece of velvet edged with 
gold lace ; that of the other prefidents was only a piece 
of gold lace. They formerly bore it on their head, but 
afterwards in their hands ; except in grand ceremonies, 
as at the entry of a king. Hence the denomination pre¬ 
fidents a mortier. 
MORTIER BAN'K, a fifhing-bank near the fouth 
coaft of Newfoundland. Lat. 47. 5. N. Ion. 54. 48. W. ' 
MORTIER’s ROC'KS, rocks on the fouth coaft of 
Newfoundland. Lat. 47. N. Ion. 54. 55. W. 
MORTIF'EROUS, adj. [ mortifer , Lat.] Fatal; dead¬ 
ly ; deftruftive.—What is it but a continued perpetuated 
voice from heaven, to give men no reft in their fins, no 
quiet from Chrift’s importunity, till they awake from the 
lethargick fleep, and arife from fo dead, fo mortiferoas, a 
Hate, and permit him to give them life. Hammond on 
Fundamentals. — Thefe murmurings, like a mortiferous 
herb, are poifonous, even in their firft fpring. Gov. of the 
Tongue. 
MORTIFICATION,/ [ mortification , Fr. from mor¬ 
tify.] The Hate of corrupting, or lofing the vital quali¬ 
ties ; gangrene.—It appeareth in the gangrene, or morti¬ 
fication of fifth, either by opiates, or intenfe colds. Ba¬ 
con's Nat. Hift. 
My griefs ferment and rage. 
Nor lefs than wounds immedicable, 
Rankle and fefter, and gangrene. 
To black mortification. Milton's S. A. 
Deftruftion of aftive qualities.—Inquire what gives im¬ 
pediment to union or reftitution, which is called mortifi¬ 
cation ; as when quickfilver is mortified with turpentine. 
Bacon. —The aft of fubduing the body by hardships and 
macerations.—A diet of fome fiih is more rich and alkalef- 
cent than that of fifth, and therefore very improper for 
fuch 
