Queen's Bench Reports Volume 4

Queen's Bench Reports Volume 4

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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. 1877 edition. Excerpt: ... as if an ordinary fee simple had escended. In other colonies judgments bind lands--as Barbadoes. In St. Vincent, by a local act. In Dominica they are bound by execution, but lands are liable to be sold upon the warrant of a judge of the Common Pleas, for satisfaction of small debts decided in a summary way by an act of 11 Geo. III. In Tobago it is implied, though it is also implied that lands, trust estates at least, are only tangible through the heir. In Montserrat judgments bind by local law. In Nova Scotia, New Brunswick. and other colonies, the lien arises by implication, from the local legislature adopting in detail the Statute of Frauds, 29 Car. II. ch. 3, and enacting that, as to purchasers, lands should only be bound from the actual date of the entry. The same act is adopted here in general terms; and all the English acts on the subject of judgments and executions, &c., as a lien, must be construed as if expressly repeated and enacted by our legislature with a knowledge that 5 Geo. II. was in force and made lands saleable; in other words, as if 5 Geo. II. had been included with them. This consideration seems to me to settle the question. When we adopted 29 Car. II. ch. 3, lands were not only liable to be extended, but sold. The circumstance that a subsisting judgment attaches as a lien upon after acquired lands, strengthens my view of the subject. In real actions of common law, the lands were bound in some cases from the suing out of the original writ, in others from judgment, and the judgment subsisted a year, within which execution might go, which execution would relate to the judgment. The same principle applies to a judgment in debt, when the land is liable--made debtor by law.--Roscoe, 341; 3 P. W. 170; 2 Bur. 711, 123....show more

Product details

  • Paperback | 158 pages
  • 189 x 246 x 9mm | 295g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236942264
  • 9781236942265