The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 38

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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. 1898 edition. Excerpt: not free from objection, yet it is not wholly invalid, like the instrument of the same description in Flight v. Salter (1), which authorised the immediate issuing of a sequestration, to be a continuing security for the payments named in the annuity deed. This warrant of attorney gives execution only in case of the annuity being in arrear twenty-one days; it does, indeed, profess to make the sequestration a security for future arrears; but there is no necessity for its being enforced to that extent; and so far as it can legitimately operate, namely, in compelling payment of arrears actually due, the Court may give it efiect. A similar course was S.u/rnanssr-: taken in Britten v. Wait (1), where the sequestration was, in a HE, 'E., .T_ certain degree, irregular. It was unnecessary here to insert any clause in the warrant of attorney for the purpose of authorising execution; the introduction of such a clause, therefore, ought not entirely to invalidate the instrument, which at least ought to have the same force as if nothing had been said of issuing sequestration. Nor does it appear that, in this case, any If the warrant of attorney appears manifestly by its terms to be illegal and void, the Court cannot say that it shall be good in part and bad in part, but must set it aside altogether, as was done in Flight v. Salter (2). How far it has yet been put in force is immaterial. It is an instrument by which the authority of this Court is made use of; and upon which, therefore, the Court will exercise its judgment at any period. The statute of Elizabeth, in declaring that "all chargings" of benefices shall be utterly void, must mean all deeds by which benefices are charged; and any such deed must be altogether invalid, like more

Product details

  • Paperback | 320 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 123694061X
  • 9781236940612