Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 13

Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 13

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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. 1878 edition. Excerpt: ...his lien in a Court of Equity until he has exhausted his legal remedies. ' Where the plaintiff 's bill for the urpoe of enforcing a lien created by a re 'stered memorial of judgment on lands, id not state that the plaintiff had no leg remedy or that the personal estate was insuflicient to pay the debt it was dismissed on demurrer. This was an appeal from a judgment of Mr JUSTICE FISHER in Equity. The bill set forth that on 12th October, 1848, the plaintiff recovered a judgment in the Supreme Court against George Anderson and David H. Anderson, for 205 0s. 11d., and on the 10th October registered a memorial of this judgment in the Registry Oflice for the City and County of St. John; that on the 21st March, 1854, he issued a fi. fa. to levy the goods and chattels, lands and tenements of the Andersons, but afterwards withdrew the execution and abandoned the levy, on the _A.ndersons making a memorandum under their respective seals, whereby, in consideration-of such withdrawal and Black 1: . Hazen. abandonment, they agreed that the said judgment was in full force; that there was then due the plaintiff upon it 87 0s. 11s., and that they consented to waive the necessity of issuing any scire facias to revive it, and the plaintiff at any time might issue execution and levy for the said sum and interest, they agreeing to release all error. At the time of filing the memorial, George Anderson was seized in fee of a lot of land in the County of St. John, which he conveyed to the present defendant by a deed bearing date 10th October, 1857. The sum of 87 0s. 11d. being still due the plaintiff on the judgment against the Andersons, the plaintiff registered a memorial in the oflice of the Registrar of Deeds for the City and...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123693766X
  • 9781236937667