Irish Equity Reports, Volume 3Hodges and Smith., 1841 - Equity "Cases argued and determined in the High Court of Chancery and the Rolls Court." (varies). |
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Page 63
... mortgage for £ 2000 , and for a sale ; and it prayed that after payment of the mortgage , the surplus money of the sale might be brought into Court to be secured for the uses of the settlement of 1824 . On the 31st of January 1840 , the ...
... mortgage for £ 2000 , and for a sale ; and it prayed that after payment of the mortgage , the surplus money of the sale might be brought into Court to be secured for the uses of the settlement of 1824 . On the 31st of January 1840 , the ...
Page 64
... mortgage , and for a sale . The defendants were the real and personal representatives of the mortgagor , and his devisees , who were infants of ages varying from six to eighteen years . The petition was presented under the 1 W. 4 , c ...
... mortgage , and for a sale . The defendants were the real and personal representatives of the mortgagor , and his devisees , who were infants of ages varying from six to eighteen years . The petition was presented under the 1 W. 4 , c ...
Page 67
... mortgage to Messrs . John- son and Co .; and that the surplus of the produce of the sale of the mortgaged premises , after payment of the debt due to Messrs . Johnson and Co. , might be applied in payment of the sum due to petitioners ...
... mortgage to Messrs . John- son and Co .; and that the surplus of the produce of the sale of the mortgaged premises , after payment of the debt due to Messrs . Johnson and Co. , might be applied in payment of the sum due to petitioners ...
Page 68
... mortgage , an actual deposit of deeds is not necessary , Ex parte Jones ( b ) . An agreement between the holder of ... mortgage in December . An equitable mortgage must be created when the money is first advanced , and here ( a ) 1 Dea ...
... mortgage , an actual deposit of deeds is not necessary , Ex parte Jones ( b ) . An agreement between the holder of ... mortgage in December . An equitable mortgage must be created when the money is first advanced , and here ( a ) 1 Dea ...
Page 69
... mortgage of any kind ; it was not until the bill was dishonored that any agreement is alleged to have been made for a mortgage . Even then , the letters amount merely to a direction to Messrs . Johnson and Co. to pay the amount of the ...
... mortgage of any kind ; it was not until the bill was dishonored that any agreement is alleged to have been made for a mortgage . Even then , the letters amount merely to a direction to Messrs . Johnson and Co. to pay the amount of the ...
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Common terms and phrases
affidavit afterwards amount annuity answer appears application appointed arrears assets assignment bank bankrupt bill Bodkin cause Chancery charge claim Company conditional order conveyance Court of Chancery Court of Equity covenant Creagh debtor debts deceased decision decree defendant demand demised demurrer directed Edward Bond ejectment elegit entitled Equity Exch executed executor filed fund George Steele heirs held Heron interest issue James Gannon John judgment creditor jurisdiction landlord lands lease Lord Lord Chancellor Lord Eldon Lord Plunket Malone marriage Master ment mortgage motion notice O'Dell obtained opinion paid parties payment PENNEFATHER personal estate petition petitioner plaintiff possession premises present principle priority proceedings purchase-money purchaser question receiver reference refused Remembrancer renewal rent and costs respect respondent Richard Rolls rule settlement shew solicitor statute suit sum due tenant thereof tion trust turbary William William Bayly
Popular passages
Page 185 - December, one thousand eight hundred and thirty-three, 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 400 - December, 1833, no arrears of rent, or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have Become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom...
Page 88 - And it was resolved by them, that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the Common Law), four things are to be discerned and considered: 1st.
Page 354 - ... be paid into the Bank of England in the name and with the privity of the Accountant-General of the Court of Exchequer, to be placed to his account there ex parte " The Copyhold Commissioners...
Page 6 - The general rule is, that a person cannot accept and reject the same instrument : and this is the foundation of the law of election...
Page 12 - Hanson, their executors, administrators, and assigns, upon trust that they, my said trustees and the survivor of them, and the executors and administrators of such survivor...
Page 284 - Majesties, and the survivor of them, during their lives, and the life of the survivor of them. And...
Page 399 - One thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due...
Page 333 - No doubt but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts; so that if reduced into writing contrary to the intent of the parties, on proper proof, that would be rectified.
Page 5 - In equity it is considered, as good sense requires it should be, that no man can be held by any act' üf his to confirm a title, unless he was fully aware at the time, not only of the fact upon which the defect of title depends, but of the consequence in point of law...