The New Hampshire Reports Volume 3

The New Hampshire Reports Volume 3

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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. 1827 edition. Excerpt: ...the word was meant to be used in this sense; and why refuse it the only sense, which the return naturally presents, and which the word literally imports? " lt is the " sense most suitable to the subject or matter, to which it " relates;" and the subject-matter ought to be considervd, and the word interpreted, where it can be, in a manner suitable to the subject-niatter alone. He refused--to whom fl To the oflicer. But Wlll it be objected, that nothing shall be implied in a return, which is a real assurance, that all the necessary facts shall be stated---that nothing shall depend upon construction '? This is not true of any proceeding an pair. Many things are implied. In this case the statute requires, that the creditor shall deliver his execution, and direct service, &c. Yet this fact need not be stated; it is implied in the creditor's after conduct. 8 Jllass. Rep. I13, Herring et a. vs. Polley. Creditor can only extend on real estate, where the debtor does not expose or tender personal estate. This matter need not be stated. It seems presumed from creditors generally preferring personal, if they can find it. ll Mass. Rep. 5l5. So the appointment of attorney is presumed. 13.Mass. Rep. II3. The statute says, all lands, belonging to any person in fee, are liable, &c.; in construction, an equity of redemption is extendible, though the legal estate is in the mortgagee. So lands of deceased persons, held by heirs, devisees, &c. are extendihle, although the. lands of a person, who has ceased to be debtor, or to hold. So lands not in fee, that is, less estates of the debtor are extendible. 80 freeholders mean reputable freeholders. So the statute requires the appraisers to set oil' the...show more

Product details

  • Paperback | 190 pages
  • 189 x 246 x 10mm | 349g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236936833
  • 9781236936837