MORTGAGE


Mors omnia solvit. Death dissolves all things. Jenk. Cent p. 160, case 2. Applied to the case of the death of a party to an action.


Case Law

United States v. Russell, 80 U.S. 623
Supreme Court of the United States
“Private property, the Constitution provides, shall not be taken for public use without just compensation, and it is clear that there are few safeguards ordained in the fundamental law against oppression and the exercise of arbitrary power of more ancient origin or of greater value to the citizen, as the provision for compensation, except in certain extreme cases, is a condition precedent annexed to the right of the government to deprive the owner of his property without his consent.”