A Treatise on the Law of MortgageJohn S. Littell, 1837 - 320 páginas |
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Página 12
... husband by curtesy . If the condition was broken , the feoffee's estate was absolute and his estate was indefeasible , and all the legal consequences followed as though he had been absolute owner from the time of the feoffment . But ...
... husband by curtesy . If the condition was broken , the feoffee's estate was absolute and his estate was indefeasible , and all the legal consequences followed as though he had been absolute owner from the time of the feoffment . But ...
Página 23
... husband , without issue , filed her bill to re- deem , and it was decreed , notwithstanding an at- tempt made by the mortgagee to support the agree ment , on the pretence that he had purchased the estate from the father of the mortgagor ...
... husband , without issue , filed her bill to re- deem , and it was decreed , notwithstanding an at- tempt made by the mortgagee to support the agree ment , on the pretence that he had purchased the estate from the father of the mortgagor ...
Página 36
... husband died without issue ; the wife sold the estate ; and the heir of the husband filed his bill to redeem . The defendant pleaded a purchase for valuable consideration with- out notice . The Court held it to have been the in- tention ...
... husband died without issue ; the wife sold the estate ; and the heir of the husband filed his bill to redeem . The defendant pleaded a purchase for valuable consideration with- out notice . The Court held it to have been the in- tention ...
Página 37
... husband to have the inheritance , and by the heir to redeem . And re- demption was decreed on the principle before stated , that once a mortgage always a mortgage , and that Sir Robert might have redeemed , had he lived be- yond the ...
... husband to have the inheritance , and by the heir to redeem . And re- demption was decreed on the principle before stated , that once a mortgage always a mortgage , and that Sir Robert might have redeemed , had he lived be- yond the ...
Página 43
... husband as tenant by the cur- tesy . But equity adhering to the principle of the civil law , which considered the borrower the owner of the pledge until debarred by judicial sentence , and looking at the substance and not at the form of ...
... husband as tenant by the cur- tesy . But equity adhering to the principle of the civil law , which considered the borrower the owner of the pledge until debarred by judicial sentence , and looking at the substance and not at the form of ...
Términos y frases comunes
aforesaid afterwards agreement annuity appointed arrears assignment bankrupt bond charge chattels common law convey conveyance copyholds Court of Chancery Court of Equity covenant creditor debtor decided decree defendant devised doctrine Earl entitled equity of redemption execution executors executors administrators filed his bill foreclosure fraud gagee gagor heir at law husband ibid incumbrance incumbrancer infant intention interest judgment lands lease liable lien Lord Chancellor Lord Eldon Lord Hardwicke Lord Thurlow ment mort mortgage mortgagor notice owner paid parties payment of debts person or persons personal estate plaintiff portions possession principal prior provision purchaser raised real estate redeem registry remainder rents and profits Rolls scire facias second mortgagee seised ship or vessel statute statute of frauds subsequent sum of money tenant in tail Term Rep thereof tion transfer trustees Vern Vide supra wife writ
Pasajes populares
Página 542 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Página 540 - ... or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have 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...
Página 217 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Página 638 - ... and the person or persons claiming any part of the mortgage money or land or rent, by, from or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent...
Página 706 - Plaintiff and the other creditors of the insolvent; that an account might be taken of what was due to the Plaintiff...
Página 118 - ... shall be liable to all the same suits in equity at the suit of any of the creditors...
Página 82 - ... any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Página 354 - ... to the use of His Majesty, his heirs and successors, and the other moiety to the use of the person who shall inform or sue for the same...
Página 633 - That when any land or rent shall be vested in any trustee, upon any express trust, the right of the cestui que trust, or any person claiming through him, to bring a suit against the trustee, or any person claiming through him...
Página 381 - And where the same shall contain 2160 words or upwards, then for every entire quantity of 1080 words contained therein, over and above the first 1080 words, a further progressive duty of 0 2 0 INSURANCE POLICIES.