The Law of Equitable Mortgages: Treating of the Liens of Vendors and Purchasers, of the Rights and Remedies of Equitable Mortgages by Deposit of Deeds and Other Securities, and Particularly with Reference to the Claims of Judgment Creditors, the Effect of Notice with Regard to Equitable Mortgages, and of Proceedings on the Bankruptcy of Equitable Mortgagors, with Observations on the Case of Whitworth V. Gaugain, and an Appendix Containing Forms of Equitable Deposits, &c |
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Page 77
... incumbrancer either must have acquired from the circumstances that came under his cognizance , or which he wilfully , or with a negligence amounting almost to fraud , abstained from acquiring ( k ) . ( h ) Sugd . V. & P. 10th edition ...
... incumbrancer either must have acquired from the circumstances that came under his cognizance , or which he wilfully , or with a negligence amounting almost to fraud , abstained from acquiring ( k ) . ( h ) Sugd . V. & P. 10th edition ...
Page 84
... incumbrancer to the extent of 20007. only . The Vice - Chancellor , in a very elaborate judgment , after reviewing all the authorities cited in the course of the argument , decided that Smith was a mortgagee without notice . His Honour ...
... incumbrancer to the extent of 20007. only . The Vice - Chancellor , in a very elaborate judgment , after reviewing all the authorities cited in the course of the argument , decided that Smith was a mortgagee without notice . His Honour ...
Page 89
... incumbrancer by constructive notice of his lien , on account of his being in possession of the estate ( b ) . We now propose to consider , secondly , those cases in which the Court has been satisfied from the evidence before it , that ...
... incumbrancer by constructive notice of his lien , on account of his being in possession of the estate ( b ) . We now propose to consider , secondly , those cases in which the Court has been satisfied from the evidence before it , that ...
Page 90
... incumbrancer , may be charged with notice . This was determined in Kennedy v . Green ( d ) , where a solicitor had fraudulently obtained ( d ) 3 Myl . & K , 699 . from his client an assignment to himself of a mortgage 90 THE EFFECT OF ...
... incumbrancer , may be charged with notice . This was determined in Kennedy v . Green ( d ) , where a solicitor had fraudulently obtained ( d ) 3 Myl . & K , 699 . from his client an assignment to himself of a mortgage 90 THE EFFECT OF ...
Page 91
... incumbrancer is bound to inquire whether such tenant has any and what interest in the estate , and if he neglect to do so he will be deemed to have notice of any rights or interest the tenant may have , even includ- ( e ) Hine v . Dodd ...
... incumbrancer is bound to inquire whether such tenant has any and what interest in the estate , and if he neglect to do so he will be deemed to have notice of any rights or interest the tenant may have , even includ- ( e ) Hine v . Dodd ...
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Common terms and phrases
advances aforesaid afterwards Albin assignment bankrupt bankruptcy bill bond Chancellor charge chattels choses in action claim contract conveyance copyhold costs Court of equity covenant debt debtor declared decree defective defendants delivered deposit of deeds depositor ditor Duchess of Marlborough effect elegit creditor entitled equitable mort equitable mortgagee execution executors favour fiat fieri facias fraud gage Gaugain give held hereditaments Honour Horton incumbrance incumbrancer James Wilkinson judg judgment cre judgment creditor lands Langton lease leaseholds legal estate legal mortgage legal title lien Lord Cottenham Lord Eldon memorandum in writing Messrs Meux Mont mortgage by deposit mortgagor notice obtained order for sale partners party payment person petition petitioner plaintiffs possession premises prior priority purchase money purpose question referred rents respect Seager sheriff Sir Henry Meux Smith solicitor statute Statute of Frauds subsequent sufficient thereof title deeds vendor Vice-Chancellor Vict Whitworth writ
Popular passages
Page 239 - 1 & 2 VICT. c. 110. An Act for abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases; for extending the Remedies of Creditors against the Property of Debtors ; and for amending the Laws for the Relief of Insolvent Debtors in England. [16th August, 1838.]
Page 250 - a Court of common law, and orders in bankruptcy or lunacy, which, since the passing of the said recited act of the first and second years of the reign of her present Majesty, have been registered under the provisions therein contained, or which shall hereafter be so registered, shall, after the expiration of
Page 251 - profession of the person whose estate is intended to be affected thereby, and the Court of equity, and the title of the cause or information, and the day when the bill or information was filed, shall be left with the senior master of the said Court of Common Pleas, who shall forthwith enter the same,
Page 250 - passed in the first and second years of her present Majesty Queen Victoria, intituled " An Act for abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases; for extending the Remedies of Creditors against the Property of Debtors ; and for amending the Laws for the Relief of Insolvent Debtors in England,
Page 142 - at the time of entering up the judgment, or at any time afterwards, or over which such person shall at the time of entering up such judgment, or at any time afterwards, have any disposing power, which he might without the assent of any other person exercise for his own benefit. And by the 13th section of the
Page 235 - facias unto the sheriff for to levy the debt of the lands and goods; or that the sheriff shall deliver to him all the chattels of the debtor (saving only his oxen and beasts of his plough,) and the one-half of his lands until the debt be levied upon a reasonable price or extent. And
Page 124 - any time afterwards, have any disposing power, which he might, without the assent of any other person, exercise for his own benefit; and that every judgment creditor shall have the same remedies in a Court of equity against
Page 123 - or to which the debtor shall at the time of entering up such judgment, or at any time afterwards, be seised, possessed, or entitled for any estate or interest whatever, at law or in equity, whether in possession, reversion or expectancy, or over which
Page 124 - as he would be entitled to in case the person against whom such judgment should have been so entered up had power to charge the same hereditaments, and had by writing under his hand agreed to charge the same with the amount of the judgment debt and interest.
Page 235 - whom any writ or precept is or shall be directed, at the suit '""'• of any person or persons, of, for and upon any judgment, statute or recognizance hereafter to be made or had, to do, make and deliver execution unto the party in that behalf suing, of such lands, tenements, rectories, tithes, rents and hereditaments,