A Practical Treatise on the Jurisdiction of the High Court of Chancery Over the Persons and Property of Infants |
From inside the book
Page 686
... been mortgaged by the party under whom he claims , and the guardian procure no acknowledgment , or institute any ... right to receive the same shall have accrued to some person capable of giving a discharge or release for the same , unless in ...
... been mortgaged by the party under whom he claims , and the guardian procure no acknowledgment , or institute any ... right to receive the same shall have accrued to some person capable of giving a discharge or release for the same , unless in ...
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Common terms and phrases
allowed applied appointed attain twenty-one benefit bill breach of trust cestui que trust charged child circumstances cited coming of age common law consent copyhold Court of Chancery Court of Equity custody daughter death debts decree deed devised directed entitled executor father filed fraud full age fund given guardian in socage guardianship heir held husband Ibid infant infant's estate interest invested jurisdiction land lease legacy legatee liable Litt Lord Chancellor Lord Eldon Lord Hardwicke Lord Macclesfield Lord Thurlow maintenance Manneville marriage married Master Moll mortgage mother paid parent parties payable payment personal estate personalty petition plaintiff possession principal purchase real estate receiver reference refused rule Russ settlement statute suit supra tenant in tail testamentary guardian testator's Vern voidable ward of Court wife
Popular passages
Page 678 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 495 - And by s. 2, it is enacted, that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 497 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page 677 - In every case of a concealed fraud the right of any person to bring a suit in equity for the recovery of any land or rent of which he or any person through whom he claims, may have been deprived by such fraud, shall be deemed to have first accrued at, and not before, the time at which such fraud shall, or with reasonable diligence might have been first known or discovered...
Page 477 - ... be compelled ; in every such case, such Court shall direct, and, if necessary, compel, such infant or infants to convey such estates so to be sold (by all proper assurances in the law) to the purchaser or purchasers thereof, and in such manner as the said Court shall think proper and direct : and every such infant shall make such conveyance accordingly, and every such conveyance shall be as valid and effectual to all intents and purposes as if such person or persons, being an infant or infants,...
Page 496 - ... years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole of such...
Page 495 - ... shall have expired, make an entry or distress, or bring an action to recover such land or interest at any time within five years next after the passing of this Act.
Page 495 - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).
Page 683 - ... claiming through him, to recover such land or rent, shall be deemed to have first accrued, according to the meaning of this act, at and not before the time at which such land or rent shall have been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through him.
Page 677 - And be it further enacted, that when a mortgagee shall have obtained the possession or receipt of the profits of any land, or the receipt of any rent, comprised in his mortgage, the mortgagor or any person claiming through him shall not bring a suit to redeem the mortgage but within twenty years next after the time at which the mortgagee obtained such possession or receipt, unless in the...