A Treatise on the Law of Mortgage |
From inside the book
Results 1-5 of 100
Page 12
... apply the remedy , equity only requires to be satisfied that the conveyance was originally intended as a security for the payment of a sum of money , whatever form the security may take . Accordingly equity will admit even parol ...
... apply the remedy , equity only requires to be satisfied that the conveyance was originally intended as a security for the payment of a sum of money , whatever form the security may take . Accordingly equity will admit even parol ...
Page 45
... applying for the rule must be clear , and on this ground the Court refused such an application made by the attorney of the party entitled to the money , in respect of his lien for costs ( w ) ; nor does this section alter the personal ...
... applying for the rule must be clear , and on this ground the Court refused such an application made by the attorney of the party entitled to the money , in respect of his lien for costs ( w ) ; nor does this section alter the personal ...
Page 46
... applies to the costs taxed under the common consent rule in an ejectment ( a ) . So a decree for specific performance by the ... apply to the interim rents or interest of land or a capital fund charged under the act . It has been already ...
... applies to the costs taxed under the common consent rule in an ejectment ( a ) . So a decree for specific performance by the ... apply to the interim rents or interest of land or a capital fund charged under the act . It has been already ...
Page 50
... apply to a judgment of this kind ( h ) . A judgment in the Lord Mayor's Court obtained against a garnishee , does ... application was made under this section to compel the senior Master of the Common Pleas to receive a memorandum for ...
... apply to a judgment of this kind ( h ) . A judgment in the Lord Mayor's Court obtained against a garnishee , does ... application was made under this section to compel the senior Master of the Common Pleas to receive a memorandum for ...
Page 51
... application is made ( o ) . Under the usual warrant of attorney to enter up judgment as of a Term , judgment may ... applying ( s ) . The 17 Car . 2 , c . 8 , s . I , binds the lands of the defendant in the hands of his heir , where he ...
... application is made ( o ) . Under the usual warrant of attorney to enter up judgment as of a Term , judgment may ... applying ( s ) . The 17 Car . 2 , c . 8 , s . I , binds the lands of the defendant in the hands of his heir , where he ...
Contents
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Common terms and phrases
afterwards agreement annuity apply appointed arrears assets assignment bankrupt bankruptcy Beav bill Bingh bond charge chattels contract conveyance copyholds costs Court of Chancery Court of equity covenant debtor decree defendant devised doctrine entitled equity of redemption et vide Exch execution executors fieri facias filed foreclosure fund Hare held Ibid incumbrance incumbrancer infant intention interest lands lease legacies liable lien Lord Chancellor Lord Eldon Lord Hardwicke marriage Mees mort mortgage mortgage debt mortgagor notice obtained owner paid party payable payment of debts personal estate plaintiff portions possession principal prior provision purchaser raised real estate redeem remainder remainderman rents and profits rule scire facias Sect seems shew statute subsequent suit term thereof title deeds trustees usurious Vern Vict vide infra vide supra warrant of attorney wife writ
Popular passages
Page 61 - ... 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; and in such case, no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one, was given.
Page 133 - ... remainder to the first and other sons of the marriage in tail male, remainder to the first and other...
Page 31 - ... or over which such person shall, at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might, without...
Page 231 - ... heirs, successors, executors, administrators and assigns, and every of them, whose actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries and reliefs, by such guileful, covinous, or fraudulent devices and practices, as is aforesaid, are, shall, or might be in any ways disturbed, hindered, delayed, or defrauded), to be clearly and utterly void, frustrate, and of none effect ; any pretence, colour, feigned consideration, expressing of use, or any other matter or thing...
Page 159 - ... 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 516 - ... acknowledgment, in writing, of the title of the mortgagor, or of his right to redemption, shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person...
Page 516 - ... 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 514 - ... fide purchaser for valuable consideration who has not assisted in the commission of such fraud, and who at the time that he made the purchase did not know and had no reason to believe that any such fraud had been committed.
Page 272 - Campbell now moved for a rule to shew cause why the verdict should not be set aside and a new trial granted...
Page 243 - Commissioner, who made an order retrospectively confirming the sale, and reciting as a fact that the goods were in the order and disposition of the bankrupt at the time of the bankruptcy, with...