The Law of Judgments as They Affect Real Property |
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Page iii
... repealed , and purchasers and mortgagees without notice are still unaffected by the provisions of the statutes of Victoria for enlarging the rights of the judgment creditor , it has been the object of the author to consider , in the first.
... repealed , and purchasers and mortgagees without notice are still unaffected by the provisions of the statutes of Victoria for enlarging the rights of the judgment creditor , it has been the object of the author to consider , in the first.
Page 44
... mortgagee for value , unless a memorial thereof be registered ; but the 33rd section pro- vides that if any judgment be ... mortgagees against secret incumbrances , a pur- chaser , who bought with notice of any undocketed or unregistered ...
... mortgagee for value , unless a memorial thereof be registered ; but the 33rd section pro- vides that if any judgment be ... mortgagees against secret incumbrances , a pur- chaser , who bought with notice of any undocketed or unregistered ...
Page 54
... mortgagees without • See Berrington v . Evans , 1 You . & Coll . 434 . t Kealy v . Bodkin , 1 Sausse . & Scu . p . 211 ; see also Ottiwell v . Farran , Ib . 218 . notice , and consequently , that as against such purchasers 54 PURCHASERS ...
... mortgagees without • See Berrington v . Evans , 1 You . & Coll . 434 . t Kealy v . Bodkin , 1 Sausse . & Scu . p . 211 ; see also Ottiwell v . Farran , Ib . 218 . notice , and consequently , that as against such purchasers 54 PURCHASERS ...
Page 55
... mortgagees , without notice thereof , bind or affect any lands , tenements , or hereditaments , or any interest therein , further or otherwise , or more extensively in any respect , although duly re- gistered , than a judgment of one of ...
... mortgagees , without notice thereof , bind or affect any lands , tenements , or hereditaments , or any interest therein , further or otherwise , or more extensively in any respect , although duly re- gistered , than a judgment of one of ...
Page 70
... , having borrowed money upon judgments which they have volunta- rily given , omit to give notice of such incum- brances to their mortgagees . The 2nd section 12 vol . p . 381 . " That if any person of that statute , enacts 70 JUDGMENTS.
... , having borrowed money upon judgments which they have volunta- rily given , omit to give notice of such incum- brances to their mortgagees . The 2nd section 12 vol . p . 381 . " That if any person of that statute , enacts 70 JUDGMENTS.
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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...