Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840-1845].S. Sweet, 1841 - Law reports, digests, etc |
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Page 13
... says : " It is quite clear in point of law , that a tenant who comes into possession under a demise from a mortgagor after a mortgage executed by him , may be treated by the mortgagee either as trespasser or as tenant , at his option ...
... says : " It is quite clear in point of law , that a tenant who comes into possession under a demise from a mortgagor after a mortgage executed by him , may be treated by the mortgagee either as trespasser or as tenant , at his option ...
Page 14
... says : " If the lease be subsequent to the mortgage , then the mortgagee may treat the lessee and all those who may be in possession as wrong - doers , and may bring an ejectment , but he cannot distrain or bring any action for the rent ...
... says : " If the lease be subsequent to the mortgage , then the mortgagee may treat the lessee and all those who may be in possession as wrong - doers , and may bring an ejectment , but he cannot distrain or bring any action for the rent ...
Page 15
... says : " I never could see how notice could make the mortgagor's tenant tenant to the mortgagee at the former rent . might , indeed , be a new tenancy created at the old rent , where such notice was given and the rent paid accordingly ...
... says : " I never could see how notice could make the mortgagor's tenant tenant to the mortgagee at the former rent . might , indeed , be a new tenancy created at the old rent , where such notice was given and the rent paid accordingly ...
Page 15
... says : " It is quite clear in point of law , that a tenant who comes into possession under a demise from a mortgagor after a mortgage executed by him , may be treated by the mortgagee either as trespasser or as tenant , at his option ...
... says : " It is quite clear in point of law , that a tenant who comes into possession under a demise from a mortgagor after a mortgage executed by him , may be treated by the mortgagee either as trespasser or as tenant , at his option ...
Page 16
... says : " When the mort- gagor is left in possession , the true inference to be drawn is , an agreement that he shall possess the premises at will in the strictest sense , and therefore no notice is ever given him to quit , and he is not ...
... says : " When the mort- gagor is left in possession , the true inference to be drawn is , an agreement that he shall possess the premises at will in the strictest sense , and therefore no notice is ever given him to quit , and he is not ...
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Common terms and phrases
act of bankruptcy act of parliament action admission admitted aforesaid agreement alleged amount appears assigned assumpsit attorney ATTWOOD authority award Bank Bank of England bankrupt behalf Bigg bill bond Bosanquet breach BURNELL called canonry collector commissioners contract court debt declaration deed defendant entered entitled entry evidence execution fendant fifth plea given GWYNNE heirs held Hilary Term Inman inrolment interest issue John Inman judgment jurisdiction jury Justice lands learned judge lease lessors locus in quo Lord Lord Denman lordships marriage ment mortgage notice officer opinion paid parish parties payable payment person plaintiff plaintiff in error plea mentioned pleaded possession promise question rejoinder rent repleader replevin replication respect Richard Bigg rule says Serjeant SOUTHAMPTON Dock statute sufficient surety tenant term testator therein thereof Thomas Todd tiff TINDAL tion trial verdict William Wilton writ
Popular passages
Page 627 - That upon all debts or sums certain, payable at a certain time or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 53 - EF did not nor would faithfully serve the said plaintiff according to the tenor and effect, true intent and meaning of the said indenture; but on the contrary, thereof, he the said EF during the said term, to wit, on, &c.
Page 347 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the Court, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 261 - Agreement, or any memorandum, of an agreement, made in England or Ireland under hand only, or made in Scotland without any clause of registration, and not otherwise specifically charged with any duty, whether the same be only evidence of a contract, or obligatory upon the parties from its being a written instrument, . . . .£006 Exemptions.
Page 511 - ... be made by deed indented, sealed and delivered in the presence of two or more credible...
Page 268 - Queen to go, return, pass, and repass, on foot, and with horses, carts, and carriages, at all times of the year, at their free will and pleasure ; and...
Page 862 - ... and unless the same be made to take effect in possession, for the charitable use intended, immediately from the making thereof, and be without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him.
Page 3 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 543 - ... notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance with two sufficient sureties...
Page 498 - King defendeth that none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law. and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner.