A Practical Treatise on the Law of Auctions; With Forms, Rules for Valuing Property, Useful Tables, and Directions to Auctioneers
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. 1882 edition. Excerpt: ...but administrators cannot do so before the grant of letters of administration (y). Where there are several executors or administrators, they being in law one person, either all may join in distraining, or one may distrain alone for the whole rent due (z). Where a lessee dies before the expiration of the term, and his executors or administrators continue in possession, a distress may be taken for the whole amount of rent due during the term (a), not exceeding six years. Husband A married woman can in no case distrain alone (b), thongh she may, in some cases, as when she has a freehold estate in the lands, join her husband in making a distress; but, as a general rule, a husband may distrain alone for all rent due 'in the right of his wife, whether it accrue to her in her own right or as executrix or administratrix (c); and he may distrain after her death. Joint ten-Where there are several landlords having a joint interest in the premises (as is generally the case with mortgagees, trustees and executors), in which case they are legally denominated joint tenants, they hold by one title and one right, and cannot, therefore, have separate distresses; but one may distrain for rent due to himself and the others, even without their express authority (d), and may appoint a bailiffto distrain for the rent due to all (e). suits. But where several landlords are interested in the premises Tenant in as tenants in common, they have separate estates, and mustcommoueach distrain severally; or all may join in making one distress for their several shares (/): one cannot distrain alone for the others, except as their agent. (20 There mnst be an actual existing tenancy at a fixed 2. There rent (g); but very slight circumstances are enough tomust.bean imply this (A)....
- Paperback | 184 pages
- 189 x 246 x 10mm | 340g
- 27 Jun 2012
- Miami Fl, United States
- Illustrations, black and white