A Treatise on the Law of Lien, and Stoppage in Transitu

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V. and R. Stevens, 1859 - Liens - 460 pages
 

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Page 142 - ... unless and until a memorandum or minute, containing the name, and the usual or last known place of abode, and the title, trade, or profession of the person whose estate is intended to be affected thereby, and the Court...
Page 113 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior Courts of common law...
Page 115 - Court of common law, nor any order in bankruptcy or lunacy, shall by virtue of this act affect any lands, tenements or hereditaments, as to purchasers, mortgagees or creditors, unless and until a memorandum or minute, containing the name and the usual or last known place of abode, and the title, trade or profession...
Page 48 - An Act for abolishing arrest on mesne process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors ; and for amending the laws for the relief of insolvent debtors in England.
Page 115 - Monies thereby recovered or ordered to be paid, shall be left with the Senior Master of the Court of Common Pleas at Westminster, who shall forthwith enter the same Particulars in a Book...
Page 159 - Then comes the 108th section, which enacts, " that no creditor having security for his debt, or having made any attachment in London, or any other place, by virtue of any custom there used, of the goods and chattels of the bankrupt, shall receive upon any such security or attachment more than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt, before the bankruptcy...
Page 60 - ... committed; provided the person or persons so dealing with such bankrupt, or at whose suit or on whose account such execution or attachment...
Page 50 - ... not guilty will operate as a denial only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house, and will not operate as a denial of the plaintiff's occupation of the house. In an action on the case for obstructing a right of way such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way ; and in an action for converting the plaintiff's goods, the conversion only, and not the plaintiff's title to...
Page 87 - it makes no difference, in reason or law, into what other form, different from the original, the change may have been made, whether it be into that of promissory notes for the security of the money which was produced by the sale of the goods," &c., " for, the product of, or substitute for, the original thing, still follows the nature of the thing itself, as long as it can be ascertained to be such...
Page xxv - The first act enacts, in 3, " that all actions of trespass quare clausum fregit, all actions of trespass, detinue, action sur trover, and replevin for taking away of goods and cattle, all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants...

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