The South Australian Law Reports Volume 6

The South Australian Law Reports Volume 6

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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. 1873 edition. Excerpt: ...as trustee for all parties interested, whereas one (Michael Quilty) is dead, and no representative has been raised to him. Moreover the woman for whom the defendants became sureties got married, and during her coverture the law distinctly says her liability ceased. The husband takes possession of the property of which his wife may be the administratrix, and her responsibility is at an end until the termination of the coverture. Therefore if the principal debtor were not liable, how could her sureties be held to be? The waste occurred after Mrs. Quilty's marriage with Corbet. They became sureties distinctly for one person, and could not be held liable for waste committed by another whose existence they probably were at that time unaware of. The plaintiff also stated that he was the receiver of the estate, but a receiver could not enter into legal proceedings without the sanction of the Court; yet plaintiff had entered upon this suit without ever submitting the question to His Honor for decision, and though the bond was assigned t_o the plaintiff the debt it represented was not assigned to him--Barlow--The plaintiff claims as a judgment creditor, but he has not taken care to arm himself with a proper title. The rentcharges are the subject of the writ of elegit, and no such writ has been sued out. Moreover, plaintiff is bound to show his exact title at law, and the Court will refuse him leave to amend, if it is not found to be good.' The writ of elegit is of force in this colony. But even if it has become obsolete, its equivalent, the writ of venditioni exponas, was necessary, and must be sued out, as had been held by the Court. The plaintiff had no title under the fi. fa., because it was only against one of the defendants. Then there is...show more

Product details

  • Paperback | 40 pages
  • 189 x 246 x 2mm | 91g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123649685X
  • 9781236496850