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" But a power of redemption is an equitable right inherent in the land, and binds all persons in the post or otherwise. Because it is an ancient right, which the party is entitled to in equity. "
Commentaries on Equity Jurisprudence: As Administered in England and America - Страница 314
по Joseph Story - 1886
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An Essay on Uses and Trusts: And on the Nature and Operation of ..., Том 1

Francis Williams Sanders - 1813 - 376 страници
...privily of estate, or with notice, " or without a consideration. But a power of " redemption is an equitable right inherent " in the land, and binds...which the party is entitled to in • .. " equity." III. It has been intimated, that the courts SICT. ui. of equity, in forming a system respecting the...

A Treatise on Conveyancing with a View to Its Application to Practice ...

Richard Preston - 1816 - 616 страници
...(a point much controverted :) " and that '•* although by the escheat the tenure is extin" guished, that will be nothing to the purpose, ** because the...of the land itself, or some " other satisfaction." As connected with these points, it may be observed, that if a tenant for years or for life, make a...

A Systematic Arrangement of Lord Coke's First Institute of the Laws of ...

Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - 1818 - 752 страници
...Sir Matthew Hale, " is-an equitable right, inherent in tbe laud, <ind liinds al! persons in the ]oit or otherwise ; because it is an ancient right, which the party is entitled to in equity." Jtetre V. AttarneijGfntntl, 3 A Ik. 2Ü3. faulet v. Attarn,ij Gtntral, Hardr. .|6.5. An cqniry «f...

A treatise on the principles and practice of the High court of chancery

Henry Maddock - 1820 - 788 страници
...which in many respects it materially differs (g-). Sir Matthew Hale says, " a Power of Redemption is an equitable right inherent in the Land, and binds all Persons in the post or otherwise ; because it is (e) Carder v. Morgan, 18 after notice given, to redeem it. Ves. 344. By the Ciii7 Law, Inst. 11. tit....

A Systematic Arrangement of Lord Coke's First Institute of the Laws ..., Том 2

Sir Edward Coke, John Henry Thomas - 1827 - 884 страници
...<liflers. Titeker v. Thurston, 17 Ves. 133. " A power of redemption," says Sir Matthew Hale, '• is an equitable right, inherent in the land, and binds all...persons in the post or otherwise ; because it is an aaatat right, which the party is entitled to in equity." Reete. v.AttomeyGtneraL 2 Atk. 223. Faulet...

Reports of Cases in the High Court of Chancery, from 1757 to 1766 ..., Том 1

Great Britain. Court of Chancery, Robert Henley Eden Baron Henley - 1827 - 594 страници
...redemption (b). I do not know that it has ever been so determined. Lord Hale thought the king should, because it is an ancient right which the party is entitled to in equity. Baron Atkins thought the same, because he saw the same equity against the crown as against a common...

Reports of Cases in the High Court of Chancery, from 1757 to 1766 ..., Том 2

Great Britain. Court of Chancery, Robert Henley Eden Baron Henley - 1827 - 454 страници
...and therefore one who comes in in the post shall not be liable to it : but an equity of redemption is inherent in the land, and binds all persons in the post or otherwise. i. 205, per eund. 8. Trust of the legal estate can only be co-extensive with the legal estate. Ib....

Reports of Cases Determined in the Several Courts of Westminster-hall ..., Том 1

Great Britain. Courts, Sir William Blackstone - 1828 - 594 страници
...therefore one that comes in en le post shall not be liable to it: But the power of redemption is an equitable right inherent in the land, and binds all persons in the post or otherwise. In this Lord Hale is not singular; Lord Nottingham (MS.) says, an equity of redemption charges the...

A Treatise on Conveyancing: With a View to Its Application to ..., Том 3

Richard Preston - 1829 - 612 страници
...by " escheat would be subject to an equity of " redemption," (a point much controverted); " and that although by the escheat the " tenure is extinguished,...of the land itself, " or some other satisfaction." As connected with these points it may be observed, that if a tenant for years, or for life, make a...

A Practical and Elementary Abridgment of the Cases Argued and ..., Том 12

Charles Petersdorff - 1831 - 598 страници
...says Sir Malt'icw Hale, is an equitable right ¡nhertnt ¡n the land, and hindi all persona ¡n die post or otherwise, because it is an ancient right, which the party if entitled to in equity; Reeve v. Attorney-General, 2 A:lt. 223; faulet v. Attorney-General, Hardw....




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