Clausells v. Registrar of Property
Clausells v. Registrar of Property
Opinion of the Court
delivered the opinion of the court. '
A mortgage deed contained the following clause:
“7th. In case of sale of the land described, the term of this mortgage shall by that fact mature, and in consequence the creditor may execute it (the mortgage), claiming what is due him.”
The Registrar of Property of San Herman recorded the instrument containing this mortgage with the defect that the condition mentioned was based on a prohibitive law and, therefore, could not be surrendered.
The appellant draws attention to the fact that mortgages, are frequently drawn with clauses that make the whole mortgage mature upon the failure to pay any instalment of capital
The note must be reversed in so far as the defect assigned is concerned.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.