Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber; From Michaelmas Term, 3 Will. IV., to [Trinity Term, 4 Will. IV.] Both Inclusive [1832-1834] Volume 1

Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber; From Michaelmas Term, 3 Will. IV., to [Trinity Term, 4 Will. IV.] Both Inclusive [1832-1834] Volume 1

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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. 1854 edition. Excerpt: ... expressly introduces a new provision in respect of lands and tenements held in trust for the person against whom an execution is sued, says nothing as to trusts of chattel 455 interests, aifords a strong argument that those interests were meant to continue in the same situation and plight, in respect of executions, in which both freehold and leasehold trust interests equally stood before the passing of that statute." BAYLEY, B.--There the defendant had had a lease of the premises, but had assigned it, and had nothing remaining in him but a bare equitable interest. You are to contend, that they cannot seize the freehold, because the term protects it; and not the term, because it is only an equitable interest. Here David Jones was seised in fee of these premises, subject to the term. Can you protect the fee against the elegit? The case of Scott 1;. Scholey was a very difl'erent case from the present. There a person had only an equitable interest in a term for years; he had not the inheritance. It was determined, in Doe v. Greenhill, 4 B. & A. 68-1, '(a) that even if a clear trust term of years be within the statute, yet it must be held simply and solely in trust for the defendant; and, as in that case it was held for the defendant and another, the statute was considered not to apply; and, doubtless, the same rule would prevail as to trusts of freehold. EBAYLEY, B.---Here this party was possessed of this term in trust for David Jones, and David Jones, only. If he was a trustee for any one, he was a trustee for Henry Dance, the provisional assignee. An execution must be sued against the property that a party has at the time of the execution being sued out, not against what he has alienated. Then, if this estate passed to Dance...show more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236766601
  • 9781236766601