PEH421

A lent 1000 guilders to B against a promissory note. As security, C also gave A a mortgage on their houses with the condition that if the repayment was not made on time, the houses would immediately become A's property. B did not pay on the agreed date. It is asked whether the houses will now automatically become A's property. Moses ben Samuel Izrael deems the agreement, as far as transfer of ownership is concerned, legally ineffective. Additionally, even the mortgage rights of a third party would not be affected by the agreement.

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5

1762-04-24

1762-06-22

Salem, Salomo