The Law Library Volume 47

The Law Library Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 edition. Excerpt: ...solicitor to the_obligor was not sulficient notice to the obligor to enable the depositee to claim his lien.(c) If an agent of a purchaser, or incumbrancer, have notice of another incumbrance, his principal is affected by it. Thus in Jennings v. Moore, (d) the plaintilf's testator had in" 1699 lent to W. H19 2001. on a surrender of certain copyhold lands, but neg-lected to get the surrender presented at the next Court, for want whereof the surrender was void according to the custom of the manor. In 1703 B. agreed with W. to purchase the lands in question for 4001., and took a surrender in the name of the defendant, who agreed to become the purchaser, and paid the consideration money. On a. question as to the priority of the plaintiff 's incumbrance, the defendant pleaded himself to be a purchaser without notice of the plaintiff 's demand, and that his surrender was presented, and he admitted tenant without notice of the first surrender; but it being proved that B. whilst he was treating with W. had notice, and therefore declined to complete in his own name, and took the surrender in the defendant's name, that notice was held sufficient, and the defendant was decreed to pay the mortgage money and interest, or surrender to the plaintjff. (a) 3 Mad. 34; Turn. & Russ. 280. (b) 1 Keen, 154. (c) Ex parte Price, 8 Jur. 545. (J) 2 Vern. 609. On an assignment of debts, notice to a solicitor of a debtor's estate would, it seems, be sufficient.(e) OF THE MODE IN VHICH EQUITABLE MORTGAGES MAY BE DEFEATED, AND HEREIN OF JUDGMENTS. Sncrron I.-Or POSSESSION or run Leon. Esra-rra, AND or rm: Luau or A J uncMENT CREDITOR. Hxvme in the previous chapters endeavoured to explain the general nature and effect of more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 1236982878
  • 9781236982872