A Treatise on the Law of Mortgage |
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Page vi
... been according to law . It happened , however , that a subsequent statute ( 4 & 5 Will . IV . c . 23 ) , mistakingly re- ferred to the former statute , as containing a provision which literally it did not contain , and it vi PREFACE .
... been according to law . It happened , however , that a subsequent statute ( 4 & 5 Will . IV . c . 23 ) , mistakingly re- ferred to the former statute , as containing a provision which literally it did not contain , and it vi PREFACE .
Page vii
Richard Holmes Coote. provision which literally it did not contain , and it occurred to the Author , who so stated it ... provisions in the former act . The precise point was afterwards raised before the Master of the Rolls in Ex parte ...
Richard Holmes Coote. provision which literally it did not contain , and it occurred to the Author , who so stated it ... provisions in the former act . The precise point was afterwards raised before the Master of the Rolls in Ex parte ...
Page 35
... provision was intend- ed to be made by the mortgagor for some branch of his family , or that the mortgage was intended by him in the nature of a family settlement . Thus ( o ) where a man mortgaged lands to his relation in fee , the ...
... provision was intend- ed to be made by the mortgagor for some branch of his family , or that the mortgage was intended by him in the nature of a family settlement . Thus ( o ) where a man mortgaged lands to his relation in fee , the ...
Page 38
... provision ( $ ) . A doubt has been raised ( t ) , whether an absolute conveyance can be converted into a mortgage by agreement subsequent . A slight consideration of prin- ciples will , it should seem , satisfy us on this head . Equity ...
... provision ( $ ) . A doubt has been raised ( t ) , whether an absolute conveyance can be converted into a mortgage by agreement subsequent . A slight consideration of prin- ciples will , it should seem , satisfy us on this head . Equity ...
Page 46
... provisions of the act shall extend to every case of a trustee having some be- neficial estate or interest in the same subject , or ( m ) Ex parte Goddard , 1 Mylne & Keen , 25 ; Ex parte Stanley , 5 Simons , 320 ; et vidé infra . some ...
... provisions of the act shall extend to every case of a trustee having some be- neficial estate or interest in the same subject , or ( m ) Ex parte Goddard , 1 Mylne & Keen , 25 ; Ex parte Stanley , 5 Simons , 320 ; et vidé infra . some ...
Common terms and phrases
aforesaid afterwards agreement annuity appointed arrears assignment bankrupt bond charge chattels common law convey conveyance copyholds Court of Chancery Court of Equity covenant creditor debtor decided decree defendant devised doctrine Earl entitled equity of redemption execution executors executors administrators filed his bill foreclosure fraud gagee gagor heir at law husband ibid incumbrance incumbrancer infant intention interest judgment lands lease liable lien Lord Chancellor Lord Eldon Lord Hardwicke Lord Thurlow ment mort mortgage mortgagor notice owner paid parties payment of debts person or persons personal estate plaintiff portions possession principal prior provision purchaser raised real estate redeem registry remainder rents and profits Rolls scire facias second mortgagee seised ship or vessel statute statute of frauds subsequent sum of money tenant in tail Term Rep thereof tion transfer trustees Vern Vide supra wife writ
Popular passages
Page 542 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 540 - ... or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent...
Page 217 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 638 - ... and the person or persons claiming any part of the mortgage money or land or rent, by, from or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent...
Page 706 - Plaintiff and the other creditors of the insolvent; that an account might be taken of what was due to the Plaintiff...
Page 118 - ... shall be liable to all the same suits in equity at the suit of any of the creditors...
Page 82 - ... any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page 354 - ... to the use of His Majesty, his heirs and successors, and the other moiety to the use of the person who shall inform or sue for the same...
Page 633 - That when any land or rent shall be vested in any trustee, upon any express trust, the right of the cestui que trust, or any person claiming through him, to bring a suit against the trustee, or any person claiming through him...
Page 381 - And where the same shall contain 2160 words or upwards, then for every entire quantity of 1080 words contained therein, over and above the first 1080 words, a further progressive duty of 0 2 0 INSURANCE POLICIES.