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Select Cases and Other Authorities on the Law of Mortgage

Select Cases and Other Authorities on the Law of Mortgage


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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. 1902 edition. Excerpt: ...and, in the absence of such intention, the current of authorities in the bankruptcy court shows that such an annexation of fixtures would enure to the benefit of the mortgagee. In Ex parte Belcher, 4 Deac. & Ch. 703, which was decided in the Court of Keview in 1835, it was held that fixtures annexed to the; tenant, became part of the freehold, and did not pass to ignees of the bankrupt mortgagor. The Chief Judge (afterwards Mr. Justice Krskine) there says, after adverting to the relaxation of the general rule of law in favour of trade fixtures put up by the tenant, " But that is not the present case. Again, it is said that the property in question did not pass by the mortgage 6 Exeh. 295. deed. Now, it always appeared to me that, where the owner of the inheritance affixes property to it, it becomes a fixture in the general sense of the term, and part of the freehold; and, if the inheritance be afterwards sold or let, it goes with the freehold; and I confess I see no distinction, for this purpose, whether the deed be one of absolute conveyance, lease, or mortgage. A mortgage, therefore, made by the owner of the inheritance, will, without naming them, pass all the fixtures thereon." And, in another part of his judgment, he says: "Again, it is urged that, as to those articles which were attached after the execution of the mortgage deed, they could not pass to the mortgagee. But there has not been cited any authority, or even dictum, for such a proposition. I confess I know no case which goes so far as to determine, or even to intimate an opinion, that, where a mortgagor in possession alters the premises by addition or otherwise, the mortgagee shall not take the benefit of such alteration. I can find no distinction, therefore, substa...


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Product Details
  • ISBN-13: 9781152715448
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 334
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1152715445
  • Publisher Date: 01 Jun 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 599 gr


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