A Treatise Upon the Law of Mortgages

His Majesty's Law Printers, 1785 - 536 Seiten

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Seite 78 - When the court, or counsel, call a mortgagor a tenant at will, it is barely a comparison. He is like a tenant at will. The mortgagor receives the rent by a tacit agreement with the mortgagee, but the mortgagee may put an end to this agreement when he pleases.
Seite 75 - ... of November, 1778, when the mortgagor became a bankrupt, being, at the time, indebted to the mortgagee in more than that sum for interest on the mortgage. On the 3d of January, 1779, one Harwar went to the plaintiff on behalf of Gallimore, showed him the mortgage deed, and demanded from him the rent then remaining unpaid.
Seite 64 - On full consideration, we are all clearly of opinion that there is no inference of fraud or consent against the mortgagee to prevent him from considering the lessee as a wrongdoer. It...
Seite 412 - The mortgagee said to him he would hold the mortgaged premises as long as he could; and then when he could hold them no longer, let the devil take them if he would.
Seite 197 - ... facias, or may take the body ; and then, during the defendant's life, he can have no other execution. Besides, the judgment creditor does not lend his money upon the immediate view or contemplation of the...
Seite 209 - The second mortgagee shall not redeem the first mortgage without paying as well the money lent after, as that lent before the second mortgage was made; for it was the folly of the second mortgagee, with notice, to take such security.
Seite 110 - ... thereto; or, that he might have called for an assignment of it in his life, if he had found out this limitation in remainder, that it might have been [ 367 ] made for the benefit of his executors, not of the remainder; but his not doing any of these, clearly proved, that be took liimsclf to have had the absolute ownership and disposal of it.
Seite 34 - ... directed to be laid out in the purchase of lands in fee, in Lancashire or Cheshire ; the rents to be applied towards clothing twenty-four aged and needy housekeepers. The estate, at the time of the mortgage, was worth 500/. only, but was now valued at 900/.
Seite 434 - ... bound to intermeddle with the personal estate, or to run into an account thereof; and if the heir would have the benefit of any payment made by the mortgagor or his executor, he must prove...
Seite 350 - Rolls, after taking time to consider of it, and being attended with precedents, decreed that, as the testator had charged his real estate by this mortgage, and, on the other hand, specifically bequeathed the leasehold to his wife, the heir should not disappoint her legacy by laying the mortgage debt upon it, as he might have done, had it not been specifically devised; and though the mortgaged premises were also specifically given to the heir, yet he to whom they were thus devised, must take them...

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