| Great Britain - 1849 - 960 pages
...Part of such Debt, except in respect of any Execution or Extent served and levied by Seizure and Sale upon or any Mortgage of or Lien upon any Part of the Property of such Bankrupt before the Date of the Fiat or the filing of a Petition for Adjudication of Bankruptcy : Provided always, that... | |
| Law - 1849 - 544 pages
...part of such debt, except in respect of any execution or extent served and levied by seizure and sale upon or any mortgage of or lien upon any part of the property of such bankrupt before the date of the fiat or the Sling of a petition for adjudication of bankruptcy: Provided always, that nothing... | |
| Great Britain - Law - 1849 - 784 pages
...Part of such Debt, except in respect of any Execution or Extent served and levied by Seizure and Sale upon or any Mortgage of or Lien upon any Part of the Property of such Bankrupt before the Date of the Fiat or the filing of a Petition for Adjudication of Bankruptcy : Provided always, that... | |
| Equity - 1849 - 710 pages
...Act. In Cuming v. Welsford(c), the, question arose on the section providing that no creditor suing execution "upon any judgment obtained by default, confession or nil dicit shall avail himself of (a) Taylor v. Jones, 2 Atk. 600. (/>) 2 Sim. 360. (c) 6 Bing. 502 ; SC 4 Mo. & P. 238. 1847. Chancery.... | |
| Edward Clements - Bankruptcy - 1850 - 462 pages
...— but debts merely defeasible on a contingency are proveable: Staines v. Plank, 8 TR 889. served and levied by seizure upon, or any mortgage of, or...no Creditor, though for a valuable consideration, suing out execution upon any judgment obtained by default, confession, or, nil dicit, shall avail himself... | |
| Great Britain. Court of Common Pleas - Law reports, digests, etc - 1850 - 594 pages
...attachment more than a ratable part of such debt, except in respect of- any execution or extent serrctl and levied by seizure upon, or any mortgage of or...lien upon, any part of the property of such bankrupt bff ore the bankruptey." That means an actual and a legal seizure ; here, there was neither ; for,... | |
| Richard Holmes Coote - 1850 - 766 pages
...part of such debt, except in respect of any execution or extent served and levied by seizure and sale upon, or any mortgage of or lien upon any part of the property of the bankrupt, before the date of the fiat or the filing of the petition. But so as not to give validity... | |
| Richard Holmes Coote, Richard Coote - Mortgages - 1850 - 798 pages
...part of such debt, except in respect of any execution or extent served and levied by seizure and sale upon, or any mortgage of or lien upon any part of the property of the bankrupt, before the date of the fiat or the tiling of the petition. But во as not to give validity... | |
| Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - Civil procedure - 1851 - 400 pages
...is void as against the assignees. The 108th section of the 6 Geo. 4, c. 16, enacts, that no creditor upon any judgment " obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateably with such creditors."... | |
| United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...debt, except in respect to any execution or extent, served and levied by seizure upon, or any mortgage or lien upon, any part of the property of such bankrupt, before the bankruptcy." Thus classing judgments with mortgages, under the word securities. And the Irish Bankrupt Act, 1 1... | |
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