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Reports of Cases Decided in the High Court of Chancery; With Notes and References to Both English and American Decisions ... Volume 11

Reports of Cases Decided in the High Court of Chancery; With Notes and References to Both English and American Decisions ... Volume 11


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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. 1843 edition. Excerpt: ... Salt v. Donegal, &c. to the pronouncing of the decree. There was no application against Lord Donegall for the rents received by him, which would remain in his hands, and if we assimilate this to a mortgage it would be impossible for this creditor to recover them, even though they were in the custody of the court, without an order attaching the rents specifically, or his having obtained a receiver. I do not decide upon the right of Salt under the decree; the Lords I conceive decided that question, and I have no right to impeach their decision. Does the decree in Houlditch's case establish the right to stay or call back the p.iyment of these past rents? My opinion is that it does not, but I would not be understood to decide this point at present. However, if I see no reason to alter my opinion, I shall stay the proceedings and discharge the receivers, who have not been rightly appointed, and I shall give effect to the decree of the House of Lords, by considering their decree as that which Lord Plunket ought to have pronounced, and by discharging the receivers from that period; and the rents from that time will belong to the general body of the creditors; but I shall let each retain that portion of the fund brought in by the receiver in his own cause prior to that period. The Court of Appeal has decided that proposition. If the Court of Chancery in Ireland had pronounced the proper decree Uoulditch would then have had a receiver. Houlditch's order, therefore, for a receiver should operate from the time that decree was pronounced, for nobody can doubt 95 that the party is entitled to the benefit of the decree which should have been pronounced. 26tA January.--The Lord Chancellor: --In Saii v. Donegall, and two other causes, in which I...


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Product Details
  • ISBN-13: 9781154302349
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 336
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1154302342
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 599 gr


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