The New Hampshire Reports Volume 6

The New Hampshire Reports Volume 6

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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. 1835 edition. Excerpt: ...shall they visit the ill conse quences of such determination upon the creditor, who_ has no choice in that matter, but is entirely subject to the convenience and choice of the other side P But in case the debtors do not redeem I see no insuperable difliculty, nor indeed greater than happens in many other cases in settling their respective rights in the matter of contribution. 3 N. H. Rep. 294; '7 Mass. Rep. 355; 10 Mass. Rep. 450; l0 Johns. Rep. 32, Sawyer v. Lyon, -6 Pickering, 227. 8 Pick. 250. Two or more rights in equity to redeem several parcels of real estate, ought to be sold separately, but a stranger cannot avoid the sale. In the case at bar there is but one right to redeem--it applies to the whole or none. It is not like the case of selling two or more rights in equity. 1Co. Lit. As to apportionment of rent, 148 a. If the lessor granteth part of the reversion to a stranger the rent shall be apportioned, for the rent is incident to the reversion. Apportionment of common, Co. Lit. 140 a. 3. It is objected that one of the appraisers was appointed by the debtors, and not by John Coflin alone, whose land was set ofi." The claim of one of several joint debtors to act in this particular, without being joined by his co-debtors, cannot, we think, be sustained by any expression found in the statute. The statute provides that when lands are to be set off on execution the creditor, or creditors shall choose one of the appraisers, and the debtor, or debtors, shall choose another. What ground is there to suppose that the term debtors, in the statute, signifies any thing more or less than the judgment debtors P If it was intended to limit the choice of one of the appraisers to such of the judgment debtors as might happen to own the land to...
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Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • United States
  • English
  • black & white illustrations
  • 1236954939
  • 9781236954930