 | 1845 - 556 페이지
...who should sue out execution upon a judgment, obtained hv default, confession, or nil dicit, should avail himself of such execution to the prejudice of other fair creditors. This provision was followed by the 2 & 3 Viet. c. 29, which enacted, (inter alia.,} that a';l executions... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 866 페이지
...any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt before the bankruptcy;...of other fair creditors, but shall be paid rateable with such creditors." The first part of this section is from the 21 Jac. c. 19, § 9. The clause in... | |
 | Great Britain. Bail Court - 1846 - 1082 페이지
...served and levied by seizure upon, or any mortgage of or lien upon any part of the property of the bankrupt before the bankruptcy: provided that no creditor,...prejudice of other fair creditors, but shall be paid rateably with such creditors." Under that section the dividing point is the act of bankruptcy, and... | |
 | John Frederick Archbold - 1847 - 314 페이지
...default; these are provided for by other statutes. And first, by stat. 6 G. 4, c. 16, s. 108, it is provided that no creditor, though for a valuable consideration, who shall sue out iny execution upon any judgment obtained by default, shall avail himself of such execution to the prejudice... | |
 | Edward Erastus Deacon - 1848 - 1026 페이지
...have seen 2 ) is now extended by the 2 S c. 29, to any time before the issuing of the hat. fession, 1 or nil dicit, shall avail himself of such execution...of other fair creditors, but shall be paid rateable with the other creditors. 2 In the construction of these two sections, it has been held that the 81st... | |
 | 1849 - 544 페이지
...suits, and those founded on warrants of attorney and cognovits ; the section expressly providing " that no creditor, though for a valuable consideration,...prejudice of other fair creditors, but shall be paid rateably with such creditors." • The modification of this section effected by the 1 Wm. 4, c. 7,... | |
 | Edward Clements - 1850 - 462 페이지
...any execution or extent served and levied by seizure upon, or any mortgage of, or lien upon any part of the property of such Bankrupt before the Bankruptcy,...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 Chancery - 1851 - 934 페이지
...seizure upon, or any Mortgage of or Lien upon any part of the Property of such Bankrupt before tho Bankruptcy; provided that no Creditor though for a...prejudice of other fair Creditors, but shall be paid raleably with such Creditors." (b) 6 Ves. 73. sea 90. (c) 1 Ball & Beatt. 262. (d) Seo Bolt v. Murray,... | |
 | Great Britain. Court of Common Pleas - 1851 - 632 페이지
...the protection of the 1 W. 4, c. 7, s. 7, which recites, that, by the 6 G. 4, c. 16, s. 108, it is provided " that no creditor, though for a valuable...prejudice of other fair creditors, but shall be paid rateably with such creditors; and that, by reason of such provision, plaintiffs have been and may be... | |
 | Great Britain. Bail Court - 1851 - 400 페이지
...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,...prejudice of other fair creditors, but shall be paid rateably with such creditors." Under this provision, therefore, the execution is clearly void. The... | |
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of the property of such bankrupt before the bankruptcy : provided that no creditor, though for a valuable consideration, who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution... 
