Lex Vadiorum: The Law of Mortgages, Wherein is Treated, The Nature..

1728. The First Treatise on Mortgage at Law and in Equity Carter, Samuel. Lex Vadiorum. The Law of Mortgages. Wherein is Treated, The Nature of Mortgages, Either by Deed Absolute, And the Several Sorts of Proviso's Therein; Or by Defeazance, Demise and Redemise, Covenant, Or Otherwise: With Special Clauses, Conditions, &c. Illustrated by Many Presidents and Adjudged Cases. Also of Payment of Mortgage Money, By Whom and to Whom; And Several Cases and Rules of Tender, &c. Likewise of Assignments of Mortgages; And the Manner of Transferring, Accounting, &c. With Proper Presidents Thereof. And Further, Of the Equity of Redemption, And the Nature of It, And by What Rules 'Tis Govern'd, And of Releases Thereof, And How Transferrable or Extinguishable: With the Niceties of Buying in Precedent Incumbrances, &c. With Presidents of Bills, Answers, Pleas, &c. With the Addition of Modern Cases of Mortgages, Pawns, Pledges, &c. Lately Adjudged at Common Law, And in Equity. [London]: Printed by E. and R. Nutt, and R. Gosling, for T. Ward [et al.], 1728. [xvi], 259, [29] pp. Octavo (8" x 4-1/2"). Contemporary calf, blind rules to boards, blind fillets along joints, raised bands, blind fillets and lettering piece to spine, blind tooling to board edges. Moderate rubbing and scuffing to boards, somewhat heavier rubbing to extremities, joints cracked, chipping to spine ends, corners bumped and somewhat worn, hinges starting, light foxing to preliminaries, small ink annotation (shelfmark?) to front free endpaper. Light toning to interior, minor worming to lower right corner of last sixty or so leaves and rear pastedown, text not affected, light soiling and fold lines to a few leaves, page numbers added to table of contents in ink in an early hand. $850. * Second edition. Carter was the author of two notable treatises: The Infants Lawyer (1697), the first English treatise on laws concerning infants, and Lex Custumaria, Or, A Treatise of Copy-Hold Estates (1696). Lex Vadiorum is a treatise on mortgages at law and in equity. According to Holdsworth, it was the "first attempt to write a book on this topic." OCLC locates 5 copies in North American law libraries (Harvard, Georgetown, University of Cincinnati, University of Minnesota, Stanford). Holdsworth, A History of English Law XII:382. English Short-Title Catalogue T13358.