New Reports of Cases Heard in the House of Lords; On Appeals and Writs of Error and Decided During the Sessions[s] 1827[-37] Volume 2

New Reports of Cases Heard in the House of Lords; On Appeals and Writs of Error and Decided During the Sessions[s] 1827[-37] Volume 2

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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. 1830 edition. Excerpt: ... necessary that any return whatever should be made; that the mere suing out the elegit was all that was necessary; therefore, as it appears to me, no injurious consequence follows in this cause from the circumstance of any defect in the return which the sheriff made to the elegit. Then it was contended, that it appears upon this return that satisfaction had been made to the present Respondents, that the property had been seized into the hands of the sheriff, for the purpose of discharging this debt. The answer to that is, that it is quite clear from the whole nature of these proceedings, and the pleadings in this case, that there had been no satisfaction; and it is quite clear from 1828. the answer of Lord Dillon himself that that is the LOHn Buxon case. I apprehend, therefore, that no objection can be raised from the supposition that any satisfaction has been received, that supposition being built on the inaccurate return of the sheriff. The only remaining objection which I now bear in my mind is that there ought to have been an elegit in each county. The Irish property is situate in the counties of Roscommon, Mayo, and Westmeath; only one elegit is sued out, and that in the county of Roscommon. I think it is perfectly clear that one elegit was sufficient. Having disposed of these questions of law, I should humbly recommend to you that the judgment of the court be affirmed; and as it appears to me that the proceedings have been conducted entirely for the purpose of delay, I conceive under such circumstances, there being no serious doubt in my mind, the judgment ought to be affirmed, with 150/. costs. Judgment affirmed, with 150/. costs. IRELAND. (court Of Chancery.) Francis Arthur Knox Gore---Appellant. Robert Edward Account Lorton, Daniel...show more

Product details

  • Paperback | 156 pages
  • 189 x 246 x 8mm | 290g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236488121
  • 9781236488121