| 释义 |
`1`Mortgage2 `2`
"Legal Lexicon":
It is proper to, observe that a conditional sale with the right to repurchase very nearly resembles a mortgage; but they are distinguishable. It is said that if the debt remains, the transaction is a mortgage, but if the debt is extinguished by mutual agreement, or the money advanced is not loaned, but the grantor has a right to refund it in a given time, and have a reconveyance, this is a conditional sale. In cases of doubt, however, courts of equity will always lean in favor of a mortgage.
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