The Law of Judgments as They Affect Real Property |
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Page 4
... action resisted , or was the result of previous arrangement between the parties . The words of the Statute of Westminster are " recovered or knowledged in the King's Courts , " and the second expression has given rise to the common ...
... action resisted , or was the result of previous arrangement between the parties . The words of the Statute of Westminster are " recovered or knowledged in the King's Courts , " and the second expression has given rise to the common ...
Page 5
Frederick Prideaux. tween such judgments and a judgment obtained in an action resisted , Lord Kenyon , in Doe v . Carter , m said that he saw no difference , since the latter was merely to shorten the process , and to lessen the expense ...
Frederick Prideaux. tween such judgments and a judgment obtained in an action resisted , Lord Kenyon , in Doe v . Carter , m said that he saw no difference , since the latter was merely to shorten the process , and to lessen the expense ...
Page 29
... action of debt against the heir , and judgment against him upon assets descended ; and this he is entitled to at common law , for it is the debt of the heir , and the action is in the debet and detinet ; but if a judgment was obtained ...
... action of debt against the heir , and judgment against him upon assets descended ; and this he is entitled to at common law , for it is the debt of the heir , and the action is in the debet and detinet ; but if a judgment was obtained ...
Page 30
... action on the bond ; can hè then bring any action against the heir after it is entirely ex- tinct ? If this is the case at law , what is there in equity to better his case ? Why , nothing more than to accelerate the payment , by ...
... action on the bond ; can hè then bring any action against the heir after it is entirely ex- tinct ? If this is the case at law , what is there in equity to better his case ? Why , nothing more than to accelerate the payment , by ...
Page 36
... action by the assignees , it was held that the creditor was entitled to retain the money , not being a creditor having security at the time of the bankruptcy . But in a case where an act of bankruptcy was committed before the sale , it ...
... action by the assignees , it was held that the creditor was entitled to retain the money , not being a creditor having security at the time of the bankruptcy . But in a case where an act of bankruptcy was committed before the sale , it ...
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Common terms and phrases
11th section affect any lands aforesaid afterwards allocatur appointed assignees bankrupt bankruptcy benefit bind charge chasers chattels commencement common law Common Pleas confess judgment conveyance copy thereof copyhold Court of Common court of equity cution debtor deed disposing power ditor docketed Duchess of Marlborough Earl enacted entitled extend facias filed freehold gagees Gaugain heir hereditaments incumbrance inferior court judg judgment creditor judgment debt judgments entered lands and tenements levied liable lien Lord Chancellor Lord Cottenham Majesty's superior courts memorandum or minute ment creditor mesne moiety mort mortgagees notice officer old law paid Palatine party payable payment plaintiff possession prior Provided real estate recovered registered remedies rule or order seised senior master sheriff Statute of Frauds Statute of Westminster tenant by elegit term tion trust unless Vict virtue warrant of attorney writ of elegit writ of execution
Popular passages
Page 149 - Act, or any part thereof, as he would be entitled to in case the person against whom sucb judgment shall have been so entered up had power to charge the same hereditaments, and had by writing under his hand agreed to charge the same with the amount of such judgment debt and interest thereon...
Page 143 - ... named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 152 - ... shall be left with the senior master of the Court of Common Pleas at Westminster, who shall forthwith enter the same particulars in a book in alphabetical order by the name of the person whose estate is intended to be affected by such judgment, decree, order, or rule ; and such officer shall be entitled for any such entry to the sum of 5*.
Page 144 - WHEREAS frauds are frequently committed upon creditors by secret bills of sale of personal chattels, whereby persons are enabled to keep up the appearance of being in good circumstances and possessed of property, and the grantees or holders of such bills of sale have the power of taking possession of the property of such persons, to the exclusion of the rest of their creditors...
Page 131 - CD on the said day of or, at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit...
Page 132 - ... be binding as against the issue of his body and all other persons whom he might without the assent of any other person cut off and debar from any remainder, reversion, or other interest in or out of any of the said lands...
Page 136 - Act affect any lands tenements or hereditaments as to purchasers mortgagees or creditors unless and until a memorandum or minute containing the name and the usual or last known place of abode and the title trade or profession of the person whose estate is intended to be affected thereby, and the Court...
Page 151 - Courts of equity with respect to matters therein depending, and by the Lord Chancellor and the Court of Review in matters of bankruptcy, and by the Lord Chancellor in matters of lunacy; and all remedies hereby given to judgment creditors are in like manner given to persons to whom any monies or costs, charges or expenses, are by such orders or rules respectively directed to be paid.
Page 151 - Courts of common law, and the persons to whom any such monies or costs, charges or expenses, shall be payable, shall be deemed judgment creditors within the meaning of this act; and all powers hereby given to the judges of the superior Courts of common law with respect to matters depending in the same Courts shall and may be exercised by Courts of equity with respect to matters therein depending, and by the Lord Chancellor...
Page 134 - That all decrees and orders of Courts of equity, and all rules of Courts of common law, and all orders of the Lord Chancellor or of the Court of review in matters of bankruptcy, and all orders of the Lord Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior Courts of common law...