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Home > Art, Film & Photography > An Analytical Digested Index of the Reported Cases in the Several Courts of Equity and the High Court of Parliament, from the Earliest Authentic Period to the Present Time; To Which Are Now Added, the Decisions of the Several Courts of Equity in Ir
An Analytical Digested Index of the Reported Cases in the Several Courts of Equity and the High Court of Parliament, from the Earliest Authentic Period to the Present Time; To Which Are Now Added, the Decisions of the Several Courts of Equity in Ir

An Analytical Digested Index of the Reported Cases in the Several Courts of Equity and the High Court of Parliament, from the Earliest Authentic Period to the Present Time; To Which Are Now Added, the Decisions of the Several Courts of Equity in Ir


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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. 1813 Excerpt: ...an equity of redemption on a mortgage in fee, such an estate will not pass by these general words of lands, or because a foreclosure is considered as a new purchase of the land. Casborit v. Scarfe, H. 1737. 1 Atk. 605. See tlris case with a very full note, ante, tit. Devise, i. 8. A mortgagee who has paid the arrears of a bankrupt mortgagor's rent, cannot -tand in the landlord's place without an order, but he must prove his debt. Anon. E. 1740. 1 Atk. 102. 9. A moitgage is a debt by specialty, and the land is only regarded in equity as a pledge; therefore a mortgagee may take his remedy, either against the heir or executor, but bis election does not vary his right as to the fund, or determine which ought properly to be charged. Galton r. Hancock, T. 1744-2 Atk. 435. Vide Lanoy v. Duke of Athol, 2 Atk. 444. is not the covenant to pay, or the bond, which occasions this construction, for the land is onlil considered as a security for the personal debt. Cope v. Cope, 2 Salk. 449. Meyndl v. Howard, Pre. in Ch. 61. King v. King, 3 P. W. 358. 2 Atk. 496. 3 Atk. 280. On the other hand, where the real estate is originally or afterwards become primarily liable, it shall first be applied, though a covenant is added, or a bond given; for such covenant or bond is only intended as a collateral security to the land, and cannot alter the fund. Bagot v. Oughton, 1 P. VV. 347. Evelyn v. Evelyn, 2 P. W. 659. Leman v. Newnham, 1 Ves. 51. Shafto v. Shafto, 2 P. W. 664. Tankerville v. Fawcet, 2 Bro. Cli. Ca. 57. Ward v. Dudley, ib. 316. Billinghurst v. Walker, ib, 604. Sed vide lanoy v. Duke of Athol, 2 Atk. 444, where the court took advantage of a covenant to pay a real cliarge in a marriage settlement, in favour of a younger child's portion. Hut m case of a mortgage, if a...


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Product Details
  • ISBN-13: 9781130437249
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 352
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1130437248
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 630 gr


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An Analytical Digested Index of the Reported Cases in the Several Courts of Equity and the High Court of Parliament, from the Earliest Authentic Period to the Present Time; To Which Are Now Added, the Decisions of the Several Courts of Equity in Ir
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An Analytical Digested Index of the Reported Cases in the Several Courts of Equity and the High Court of Parliament, from the Earliest Authentic Period to the Present Time; To Which Are Now Added, the Decisions of the Several Courts of Equity in Ir
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