Coote's Treatise on the Law of Mortgages, Volume 1 |
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Other editions - View all
Common terms and phrases
20 Beav 9 Ch 9 Jur agreement annuity assignment Bank bankrupt bankruptcy Beav bill of sale Bing borrow Building Soc Chap charge chattels choses in action clause contract conveyance copyholds Court covenant creditor debt default deposit discharge Earl effect entitled equitable charge equity of redemption Exch execution executor fee simple fixtures gage Giff grantee grantor held husband interest L. J. Bky L. J. Ch L. J. Ex land lease liability loan Lord Madd married woman ment mort mortgage mortgage deed mortgagor owner paid payment person possession power of sale principal debtor provisions purchaser Rail real estate registered rents Russ Sale Acts sect settlement ship Smith statute surety tenant in tail thereof tion title deeds transfer trustee Vern Vict void
Popular passages
Page 602 - ... unable to pay his debts as they become due from his own money in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors...
Page 164 - ... for the whole term of the lease or any less term the property comprised in the lease or any part thereof in any person entitled as under-lessee to any estate or interest in such property upon such conditions, as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, giving security, or otherwise, as the court in the circumstances of each case shall think fit, but in no case shall any such under-lessee be entitled to require a lease to be granted to...
Page 649 - A mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land as to which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof shall have been given by the mortgagee, may sue for such possession, or for the recovery of such rents or profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease...
Page 162 - A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not be enforceable, by action or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and, in any case, requiring the lessee to make compensation in money for the breach...
Page 224 - ... (1.) Any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed. " (2.) Any fixtures separately assigned or charged, and any plant or trade machinery where such fixtures, plant, or trade machinery are used in, attached to. or brought upon any land, farm, factory, workshop, shop, house, warehouse, or other place in substitution for any of the like fixtures, plant, or trade machinery specifically described in the schedule...
Page 516 - The advance of money by way of loan to a person engaged or about to engage in any trade or undertaking upon a contract in writing with such person that the lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on such trade or undertaking, shall not, of itself, constitute the lender a partner with the person or the persons carrying on such trade or undertaking, or render him responsible as such.
Page 468 - In a permanent Society the total amount so received on deposit or loan and not repaid by the Society shall not at any time exceed two-thirds of the amount for the time being secured to the Society by mortgages from its members...
Page 255 - Execution thereof, shall, together with an Affidavit of the Time of such Bill of Sale being made or given, and a Description of the Residence and Occupation of the Person making or giving the same...
Page 173 - ... aforesaid, all the rents reserved by, and all the covenants, conditions, and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed, and performed, have been paid, observed, and performed up to the time of conveyance...
Page 559 - Any number of persons may establish a society under this Act, either terminating or permanent, for the purpose of raising by the subscriptions of the members a stock or fund for making advances to members out of the funds of the society, upon security of freehold, copyhold, or leasehold estate, by way of mortgage...