Precedents of Mortgages; With Practical Notes - Bookswagon
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Precedents of Mortgages; With Practical Notes

Precedents of Mortgages; With Practical Notes


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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. 1879 Excerpt: ...consideration and absence of fraud. The principle upon which the statute 15 Eliz. c. 5 proceeds is that persons must be just before they are generous, and that debts must be paid before gifts can be made. See Freeman v. Fope, L. E., 5 Ch. App. 540. A bill of sale may be given to secure past debts and present advances, but the present advance must be substantial. Martindal e v. Booth, supra. The bill of sale must not be made on purpose to defeat other creditors. Graham v. Furber, 23 L. J., C. P. 51. 3. There should be a proper valuation of the goods prior to making the bill of sale. 4. There should be absence of secrecy. Twgne's case, 1 Sm. L. C. A bill of sale, however, if for a valuable consideration, may be made to defeat an expected execution. Wood v. Dixie, 7 Q. B. 892. "There is no rule of law which prevents a man from preferring one bona fide creditor to another" (Benton v. Thornhill, 7 Taunt. 149); but the preference must not be really fraududulent, e. g. after the creditors have agreed to accept a composition. Leicester v. Rose, 4 East, 372. When possession of goods is taken either at once or under the terms of a bill of sale by the grantee, it must be "something more than mere formal possession." Ex parte Mutton, Be Cole, L. R., 14 Eq. 178; Smith v. Wall, 18 L. T., N. S. 182; Gough v. Everard, 32 L. J., Ex. 210; Be Vining, L. J., Bkcy. 4 Robinson v. Briggs, 40 L. J., Ex. 17. presents to the said mortgagor, paid by the said mortgagee, the receipt whereof the said mortgagor doth hereby admit and acknowledge, He the said mortgagor Doth by these presents bargain, sell and Assignassign unto the said mortgagee, his executors, administrators and assigns, All and every the goods, Parcels (-). (b) The goods should be so described as...


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Product Details
  • ISBN-13: 9781130645347
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 78
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 1130645347
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 154 gr


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