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" ... served and levied, by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt before the bankruptcy : Provided that no creditor, though for a valuable consideration, who shall sue out execution upon any judgment obtained... "
Statutes at Large ...: (29 v. in 32) Statutes or the United Kingdom, 1801 ... - Страница 78
по Great Britain - 1825
Пълен достъп - Информация за книгата

A Treatise on the Law of Mortgage

Richard Holmes Coote, Richard Coote - 1850 - 798 страници
...part of such debt, except in respect of any execution or extent served and levied by seizure and sale upon, or any mortgage of or lien upon any part of the property of the bankrupt, before the date of the fiat or the tiling of the petition. But во as not to give validity...

A Treatise on the Law of Mortgage

Richard Holmes Coote - 1850 - 766 страници
...part of such debt, except in respect of any execution or extent served and levied by seizure and sale upon, or any mortgage of or lien upon any part of the property of the bankrupt, before the date of the fiat or the filing of the petition. But so as not to give validity...

Reports of Cases Argued and Determined in the Queen's Bench Practice ..., Том 7

Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - 1851 - 400 страници
...is void as against the assignees. The 108th section of the 6 Geo. 4, c. 16, enacts, that no creditor upon any judgment " obtained by default, confession,...shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateably with such creditors." Under this provision, therefore,...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Том 13

United States. Supreme Court - 1852 - 668 страници
...debt, except in respect to any execution or extent, served and levied by seizure upon, or any mortgage or lien upon, any part of the property of such bankrupt, before the bankruptcy." Thus classing judgments with mortgages, under the word securities. And the Irish Bankrupt Act, 1 1...

Reports of Cases Argued and Determined in the English Courts of ..., Том 24

Great Britain. Courts - 1853 - 766 страници
...whereas by an act passed, &c. (C G. 4,) intituled An Act to amend the Laws relating to Bankrupts, it is provided that no creditor, though for a valuable consideration,...shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateable with such creditors. And whereas, by reason of...

The Law and Practice of Foreign Attachment in the Lord Mayor's Court, Under ...

John Locke - 1853 - 164 страници
...such debt, except in respect of any execution or extent served and levied by seizure and sale upon any mortgage of or lien upon any part of the property of such bankrupt before the date of the fiat or the filing of a petition for adjudication of bankruptcy (s). Bankruptcy in the...

Irish Chancery Reports: Being a Series of Reports of Cases Argued and ..., Том 3

1855 - 722 страници
...:— 7" Except in respect of any execution or extent served and levied by seizure upon, or mortgagex of, or lien upon, any part of the property of such bankrupt before the bankruptcy." Therefore, the 126th section itself has provided for such a case, and saves the right of this statutable...

The Practice of the Courts of King's Bench and Common Pleas, in ..., Том 2

William Tidd - 1856 - 976 страници
...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...shall avail himself of such execution to the prejudice of other fair creditors ; but shall (6) 4 Campb. 191. (c) STaunt. 527. (d) 1 Blac. Rep. 205. 2 Blac....

The Practice of the Courts of King's Bench and Common Pleas, in ..., Том 1

William Tidd - 1856 - 838 страници
...but, in the King's Bench, it is said to be otherwise. [ *570 ] *By the late bankrupt act,(a) it is provided, that " no creditor, though for a valuable...upon any judgment obtained by default, confession, or nH dicit, shall avail himself of such execution, to the prejudice of other fair creditors, but shall...

Reports of Cases Argued and Determined in the Court of Queen's Bench ..., Том 5

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - 1856 - 1146 страници
...part of such debt, except in respect of any execution or extent served and levied by seizure and sale upon or any mortgage of or lien upon any part of the property of such bankrupt before the date of the fiat or the filing of a petition for adjudication of bankruptcy." A judgment creditor of...




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