Reports of Cases in Bankruptcy: Decided by the Lord Chancellor Brougham, the Court of Review, and Subdivision Courts : with a Digest of the Cases Reported in this Volume, and of the Contemporary Cases Relating to Bankruptcy Decided in All the Other Courts, Bind 1–3H. Butterworth, 1834 |
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Side 82
... mortgaged property sold under the fiat , for which the mortgagee had bid and become the purchaser , without previous leave of the Court . not rescind a purchase by the mortgagee , be- cause he bid without leave of the Court . The facts ...
... mortgaged property sold under the fiat , for which the mortgagee had bid and become the purchaser , without previous leave of the Court . not rescind a purchase by the mortgagee , be- cause he bid without leave of the Court . The facts ...
Side 83
... mortgagee having bid without previous leave of the Court , ex parte Hammond , Buck , 464. The practice of obtaining leave is founded on very good reason ; for if the mort- gaged estate sells for more than the mortgage money , the mortgagee ...
... mortgagee having bid without previous leave of the Court , ex parte Hammond , Buck , 464. The practice of obtaining leave is founded on very good reason ; for if the mort- gaged estate sells for more than the mortgage money , the mortgagee ...
Side 84
... mortgagee were stopped by the Court . THE CHIEF JUDGE : - There is nothing stated , either in the petition or affidavits , to induce the Court to think that there has been any such impropriety of conduct on the part of this mortgagee as ...
... mortgagee were stopped by the Court . THE CHIEF JUDGE : - There is nothing stated , either in the petition or affidavits , to induce the Court to think that there has been any such impropriety of conduct on the part of this mortgagee as ...
Side 85
... mortgagee . It is quite clear that out of bankruptcy it is no objection to title that a mortgagee has become a pur- chaser . And no principle can be stated as the foun- dation of the practice in bankruptcy , except that Sir Edward ...
... mortgagee . It is quite clear that out of bankruptcy it is no objection to title that a mortgagee has become a pur- chaser . And no principle can be stated as the foun- dation of the practice in bankruptcy , except that Sir Edward ...
Side 86
... mortgagee , but the assignees who sell . ( a ) The fact that orders to bid are usually obtained only shows that some doubts existed which rendered it prudent . In the present case it would have saved a petition . No doubt the practice ...
... mortgagee , but the assignees who sell . ( a ) The fact that orders to bid are usually obtained only shows that some doubts existed which rendered it prudent . In the present case it would have saved a petition . No doubt the practice ...
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Reports of Cases in Bankruptcy: Decided by the Lord Chancellor Brougham, the ... Basil Montagu Ingen forhåndsvisning - 2015 |
Almindelige termer og sætninger
accommodation bills act of bankruptcy action affidavit allowance amount appears apply bank bankrupt became bankrupt bill bond certificate CHIEF JUDGE circumstances claim commission issued commissioners committed consent contingency contract costs court of equity Court of Review debt decision deed dismissed dividends entitled equity Ex parte DAVY Ex parte MARSHALL Ex parte WATKINS examination executor expunge fact Fauntleroy fiat Henry Sudell holder insolvent joint estate judgment jurisdiction Keating Lancaster Canal lease liable Lord Chancellor Lord Eldon Lord Lyndhurst LOSCOMBE Marsh matter of Fox ment Montagu mortgage notice objection official assignee opinion paid partnership party payable payment person peti petition to supersede petitioner petitioning creditor plaintiff prayed present proof prove proveable purchaser question rule rupt ruptcy separate estate signees sioners Sir George Rose Sir John Cross solicitor solvent partner statute Subdivision Court supersedeas Swanston tion trustees Vanzeller
Populære passager
Side 24 - ... provided the person so dealing with the bankrupt had not at the time of such payment to...
Side 612 - ... assumpsit, for money had and received by the defendant to the plaintiff's use...
Side 491 - Majesty, or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are, by the law of England, liable to the satisfaction of debts due by bond or other specialty...
Side 409 - Ireland, whereof the bankrupt is seised of any estate tail in possession, reversion or remainder, and whereof no reversion or remainder is in the Crown, the gift or provision of the Crown...
Side 169 - Co., after enumerating all the charges on the cargo and ship, therein charged to the plaintiff a commission of two and a half per cent. 'on the amount of the goods and charges.
Side 551 - Commissioners are required to ascertain the value thereof, and to admit such person to prove the amount so ascertained...
Side 559 - Commissioners are hereby required to ascertain the Value thereof, and to admit such Person to prove the Amount so ascertained, and to receive Dividends thereon ; or if such Value shall not be so ascertained before the Contingency shall have happened, then such Person may, after such Contingency shall have happened, prove in respect of such Debt, and receive Dividend with the other Creditors, not disturbing any former Dividends : Provided such Person had not, when such Debt was contracted, Notice...
Side 10 - That was rightly determined ; for it was sufficient to put the purchaser upon inquiry, that he was informed the estate was not in the actual possession of the person with whom he contracted ; that he could not transfer the ownership and possession at the same time; that there were interests as to the extent and terms of which it was his duty to inquire.
Side 531 - That in all joint Commissions under which any Partner shall have obtained his Certificate, if a sufficient Dividend shall have been paid upon the joint Estate, and upon the separate Estate of such Partner, he shall be entitled to his Allowance, although his other Partner or Partners may not be entitled to any Allowance.
Side 498 - They also claimed to be entitled to the corn as being in the order and disposition of the bankrupt at the time of his bankruptcy.