A Concise Treatise on Mortgages, Pledges, and Liens |
Contents
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Common terms and phrases
9 Ch action agent amount apply appointed arrear assignment attornment Bank bill of sale bona fide bond bottomry Building Society charge chattels claim clause contract Conveyancing Act costs Court covenant creditor debenture debtor deed default deposit effect enforce entitled equitable charge equitable mortgagee equity of redemption estoppel execution executor foreclosure fraudulent fund gagee give given grantor held incumbrance incumbrancer interest Jones judgment L. J. Ch land lease legal estate legal mortgage lender liable lien loan Lord maritime lien mort mortgage debt mortgaged property mortgagee's mortgagor notice paid parties payable payment person pledge power of sale principal priority provides sect purchaser Q. B. Div railway receipt receiver recover redeem registered rent rule secured creditor ship Smith solicitor subsequent supra surety take possession tenant title-deeds transfer trustee trustee in bankruptcy vendor Vict winding-up
Popular passages
Page 23 - ... 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...
Page 215 - Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 170 - ... interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment : provided that interest shall be payable in all cases in which it is now payable by law.
Page 480 - There shall not, after the commencement of this Act, be any merger by operation of law only of any estate, the beneficial interest in which would not be deemed to be merged or extinguished in equity.
Page 194 - ... thinks fit, with power to vary any contract for sale, and to buy in at any auction, or to rescind any contract for sale and to resell, without being answerable for any loss.
Page 389 - All goods being, at the commencement of the bankruptcy, in the possession, order, or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Page 37 - In this act the following words and expressions shall have the meanings in this section assigned to them respectively, unless there be something in the subject or context repugnant to such construction; (that is to say,) The expression "bill of sale...
Page 396 - Every conveyance or transfer of property, or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own money in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors...
Page 213 - A mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land as to which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof shall have been given by the mortgagee, may sue for such possession, or for the recovery of such rents or profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease...
Page 206 - ... debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or "advance, or otherwise for the purpose of such security only, shall be deemed to be a bill of sale, within the meaning of this Act, of any personal chattels which may be seized or taken under such power of distress.