The Law of Fixtures; In the Principal Relation of Landlord and Tenant, and It All the Other General Relations Shewing Also the Precise Effects of the Various Modern Statutes Upon the Subject, and Incorporating the Principal American

The Law of Fixtures; In the Principal Relation of Landlord and Tenant, and It All the Other General Relations Shewing Also the Precise Effects of the Various Modern Statutes Upon the Subject, and Incorporating the Principal American

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...was usually made payable in advance. Under this attornment clause, the mortgagee was enabled to distrain for his rentinterest like a landlord for his rent-proper, that is to say, upon the goods and chattels (but not upon the fixtures properly so called, at least not upon all of such fixtures) of his debtor upon the premises included in the mortgage. Then in the event of the mortgagor's bankruptcy, the mortgagee's power of distress, like that of an ordinary landlord, held good for one year's arrears (Bankruptcy Act, 1869); and under that power he could therefore seize and sell the goods and chattels properly so called of the debtor for his interest, or even for portion of the principal money lent, and his title as mortgagee held good even without registration or possession taken as regarded all the principal premises and the fixtures properly so called belonging thereto, which had not been treated in the mortgage deed as chattels. Thus, in the case of In re Threlfall, Ex parte Queen's Benefit Building Society (a), a Part II. mortgage deed contained an attornment clause whereby gECi. L' A. (the mortgagor) attorned and became tenant from year to year to B. (the mortgagee) for and in respect of the Attornment mortgaged premises, at the yearly rent of 8001., to be ing aet'rue teiipaid by equal quarterly payments. And it was thereby ancy mortsa' agreed that it should be lawful for B., at any time after landlord in three months from the date of the mortgage, withoutbankiuptcygiving previous notice of his intention so to do, to enter upon and take possession of the premises whereof A. had attorned tenant, and to determine the tenancy created by the aforesaid attornment. A. filed a liquidation petition, and on the same day a receiver was appointed, who...show more

Product details

  • Paperback | 116 pages
  • 189 x 246 x 6mm | 222g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236499972
  • 9781236499974