Coote's Treatise on the Law of Mortgages, Volume 2 |
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Common terms and phrases
action for foreclosure allowed amount apply assignment attorn Bank bankruptcy Beav bond bottomry Chap choses in action claim constructive notice contract Conveyancing Act costs Court covenant debenture holders debt debtor decree default defendant devise effect enacted entitled equitable charge equity of redemption executors exercise fee simple foreclose fraud fund gagee gagor held incum incumbrance incumbrancer L. J. Ch Law of Property legal estate legal mortgage liable lien Lloyds Bank Lord Madd ment mort mortgage deed mortgaged property mortgagee in possession mortgagee's mortgagor notice obtained owner paid party payment plaintiff pledge power of sale principal prior priority Property Act puisne purchaser redeem registered remainderman rents and profits repealed rule second mortgagee sect secured creditor sell solicitor statute statutory sub-mortgage subsequent suit surety tenant title deeds transfer trustee unless vested Vict XLIX
Popular passages
Page 1100 - claiming through him, to make an entry or distress, or bring an action to recover such land or rent, shall be deemed to have first accrued at and not before the time at which such acknowledgment or the last of such acknowledgments, if more than one, was given.
Page 1460 - acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized
Page 988 - to the debt, and to all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor, provided that notice of the assignment is given to the debtor, although the deed of transfer contains no power of attorney enabling him to sue
Page 1106 - son through whom he claims, may have been deprived by such fraud, shall be deemed to have first accrued at, and not before, the time at which such fraud shall or with reasonable diligence might have been first known or discovered : Provided that nothing herein contained shall enable any owner of lands or
Page 1011 - six years after the same has become due, " or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable or his agent." It is to be observed that the former enactment does, and the
Page 866 - was vested on any trust, or by way of mortgage, in any person solely, the same should on his death, notwithstanding any testamentary disposition, devolve to and become vested in his personal representatives or representative from time to time, in like manner as if the same were a chattel real vesting in them or him with
Page 1155 - company, such rules shall prevail as to the respective rights of the secured and unsecured creditors, and as to debts and liabilities proveable. and other matters, as may be enforced for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt
Page 1276 - enacts that no notice of any trust, express, implied or constructive, shall be entered on the register, or be receivable by the registrar." So also, as regards railway companies and other public companies, they are generally protected against taking notice of trusts affecting their shares, by the provisions of sect. 20 of the Companies Clauses Act, 1845
Page 1000 - But by sect. 5 of the same Act it is provided that:— " ' If any acknowledgment shall have been made, either by writing signed by the party liable by virtue of such specialty or recognizance, or his agent, or by part payment, or part satisfaction on account of any principal or interest being then
Page 1155 - annuities and future and contingent liabilities respectively, as are in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt. The rules regulating the rights of secured creditors to prove