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Home > Art, Film & Photography > The Law and Practice in Ejectment; Under the Common Law Procedure Acts of 1852 & 1854 Also in Actions for Mesne Profits, for Double Value and Double Rent, and for Possession in the County Courts Summary Proceedings Before Justices to Recover Posses
The Law and Practice in Ejectment; Under the Common Law Procedure Acts of 1852 & 1854 Also in Actions for Mesne Profits, for Double Value and Double Rent, and for Possession in the County Courts Summary Proceedings Before Justices to Recover Posses

The Law and Practice in Ejectment; Under the Common Law Procedure Acts of 1852 & 1854 Also in Actions for Mesne Profits, for Double Value and Double Rent, and for Possession in the County Courts Summary Proceedings Before Justices to Recover Posses


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About the Book

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. 1857 Excerpt: ... of any act for the relief of insolvent debtors upon his own petition, that is a voluntary act on his part, and amounts to a breach of covenant not to assign without licence. WetheraU v. Geering, 12 Ves. 512; Ambl. 480, S. C.; Shee v. Hale, 13 Ves. 404; 4 Bac. Abr. "Lease" T. (p. 886, 7th ed.). But it would be otherwise where a vesting order is made upon the application of a creditor pursuant to 1 & 2 Vict. c. 110, s. 36. Such an order would appear to stand upon the same footing as a petition for adjudication in bankruptcy at the instance of a creditor. Ante, 436. It seems not to be clearly settled whether a devise or bequest of the term to any person other than the lessee's executor amounts to a breach of a covenant or proviso not to assign without licence. For the affirmative may be cited, 4 Bac. Abr. Leases, T. (p. 886, 7th ed.); Knight. Mory, Cro. Eliz. 60; Berry v. Stanton, Cro. Eliz. 330; Poph. 106, S. C.; 2 Eden, 377; Dumper v. Syms, Cro. Eliz. 815; Parry v. Harbert, Dy. 45 b; 4 Leon. 5, S. C.; Anon. 3 Leon. 67. For the negative may be cited, Fox v. Swan, Styles, 483; Crusoe v. Blencowe, 3 Wils. 237, per cur.; 2 W. Blac. 766, S. C.; Doe v. Bevan, 3 M. & S. 361, per Bayley, J. In Crusoe v. Blencowe (supra), the court drew a distinction between assigning a lease and the doing or putting it away. A covenant and proviso against assigning without licence, "except by will," will operate to prevent the executors of the lessee from selling and assigning the term for payment of debts. Lloyd v. Crispe, 5 Taunt. 249; and see Thornkill v. King, Cro. Eliz. 757. A covenant and proviso that the lessee (not saying his executors, &c.) will not assign without licence, will not extend to an assignment by his executors or administrators. ...


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Product Details
  • ISBN-13: 9781231000007
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 466
  • Spine Width: 24 mm
  • Width: 189 mm
  • ISBN-10: 1231000007
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 826 gr


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The Law and Practice in Ejectment; Under the Common Law Procedure Acts of 1852 & 1854 Also in Actions for Mesne Profits, for Double Value and Double Rent, and for Possession in the County Courts Summary Proceedings Before Justices to Recover Posses
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