A Treatise on the Law of MortgagesS. Brooke, 1822 |
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absolute afterwards agreement antea applied appointed assets assignment bankrupt bill of lading bond charge considered contract conveyance conveyed Court of Chancery court of equity covenant daughter death decree deed defendant demption devise entitled equity of redemption execution executor father foreclosure fraud fraudulent freehold gage gagor heir at law held incumbrance incumbrancer inheritance intention interest issue male lands lease legacies legal estate lien life-time Lord Chancellor Lord Eldon Lord Hardwicke Lord Macclesfield Lord Mansfield Lordship marriage ment mort mortgage in fee mortgagor notice observed owner paid parol evidence parties payment of debts personal estate plaintiff possession postea premises principal proviso question receiver redeem remainder rents and profits rule sale or mortgage seised seisin settlement shew statute statute of frauds tenant in tail term tion trustees ubi supra Vern vested vide void wife
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63 페이지 - ... remainder to the first and other sons of the marriage in tail male, remainder to the first and other...
397 페이지 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence.
245 페이지 - ... to the purchaser or purchasers thereof, his, her or their heirs and assigns, or as he, she or they shall direct...
48 페이지 - Be it ordained and enacted by the authority of this present parliament, that all and every conveyance, grant, charge, lease, estate, incumbrance and limitation of use or uses of, in or out of any lands, tenements or other hereditaments whatsoever had or made...
344 페이지 - The Court has said that if a creditor has two funds, the interest of the debtor shall not be regarded, but the creditor having two funds shall take to that which, paying him, will leave another fund for another creditor.
205 페이지 - Assurance, so to be had and made as aforesaid, shall be as good and effectual in Law, to all Intents and Purposes whatsoever, as if the said Infant or Infants were, at the Time of making such Conveyance or Assurance, of the full Age of one-and-twenty Years ; any Law, Custom, or Usage to the contrary in any-wise notwithstanding.
10 페이지 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
370 페이지 - The defendant asked, and the court refused, the following instructions: (2) The letter of deceased read in evidence by plaintiff does not constitute a sufficient acknowledgment of the debt to take the case out of the statute.
170 페이지 - AND be it enacted, that no person shall be allowed to have any vote in the election of a knight or knights of the shire for or by reason of any trust estate or mortgage, unless such trustee or mortgagee be in actual possession or receipt of the rents and profits of the same estate ; but that the mortgagor or cestuique trust in possession shall and may vote for the same estate notwithstanding such mortgage or trust.
122 페이지 - Pye fields, and took a mortgage from him to secure £16,000, with interest at 6 per cent, and in another deed, executed at the same time, took a covenant from Neale, that he should convey to the defendant, if he thought fit, ground rents to the value of £16,000, at the rate of twenty years