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CREDITOR I\ DEBTOR'S PROPERTY   117

terested in the property, but in his lien only. His judgment was distinguished from a mortgage, in that the latter is a specific pledge of definite property, and the mortgagee has necessarily an interest in it; while the judgment is a general, and not a specific lien; so that if there be personal property of the debtor it is to be satisfied out of that; if there be not, then it is a lien on all his real estate without discrimination. And, citing Cover v. Black (1 Barr, 493), it is said that a judgment creditor has neither jus in re, nor jus ad rem, as regards the judgment debtor's property. It seems to me, that the decision there goes very much upon the fact or the assump• tion, that the judgment debtor had other property, real and per. sonal, to look to than the real estate damaged; and that it does not touch the case of a judgment creditor whose only or principal reliance for payment, was upon the property destroyed. That there need not be an existing jus in re, or jus ad rem, is declared by Story, J., in Hancox v. Fishing Ins. Co. (3 Sum., 132-140) ; and also, that the right to pursue the debtor personally, does not deprive the creditor of an insurable interest. (Id.) In Putnam v. Mercantile Mar. his. Co. (5 Mete., 386), which was an insurance for a commission merchant, upon his expected commission from the sale of a cargo consigned to him to be sold, but in which cargo he had no other ownership or interest, it is said, that such an interest in property connected with its safety and its situation, as will cause the insured to sustain a direct loss from its destruction, is an insurable interest. The question is one of damages rather than title or possession; and it will be enough in general to show such a relation between the insured and the property, that injury to it will in natural consequence be loss to him; and it is not necessary to show that the insured is the legal or equitable owner. (Wilson v. Jones, L. R. (2 Exch.), 139; Buck v. Ches. Ins. Co., 1 Pet., 151, *163.) It will be perceived, that between the case cited from 62 Pennsylvania State (supra), and the case in hand, there are some features of distinction; here the debtor was dead; there was no longer any personal liability, nor sufficient personal property, to satisfy the debt; nor as may be inferred any other real estate, than that insured. A fund for the payment of the debt, was to be found only in this estate, and principally in the buildings insured. By force of these circumstances, and by operation of the statutes above referred to, this real estate was for a certain length of time, bound for the payment of this debt. As it was bound, as it alone was bound, as there was nought else, nor any person, liable for the debt, it is difficult to see why, in effect, the debt was not as if a specific lien upon this real estate. A lien, in its most extensive signification, is a charge upon property, for the payment or discharge of a debt or duty. A specific lien, is a charge upon a particular piece of property, by which it is held for the payment or discharge of a particular debt or duty, in priority to the general


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