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Reports of Cases Argued and Determined in the Court of the Vice Chancellor of England Volume 2: (English)

Reports of Cases Argued and Determined in the Court of the Vice Chancellor of England Volume 2: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1818 Excerpt: ... Power to the Trustees to give Acquittances, is and others. not equal to a provision " that the Purchaser shall not be bound to see to the application of the Purchase Money;" a provision, which is not contained in this Deed. The V1ce-chancellor--after stating the several Deeds, &c.: --16th July. The question is, Whether, under the Original and Supplemental Bills, sufficient Parties are brought before the Court, to enable the Court to direct a good Conveyance to the Purchaser, Carter? I am of opinion, that as the Trustees under the Deeds of the 1 st May 1806, and of the 20th March 1810, are before th Court, and ready to convey, a good Conveyance can be made to Carter; and that the scheduled Creditors, mentioned in the Deed of March 1810, are not necessary Parties. No doubt, where an Estate is to be sold for the pa3rment of Debts generally, the Purchaser is not bound to see to the application of the Purchase Money; but where the Debts are scheduled, the Purchaser is bound to see to the application, unless the Deed, from the terms of it, exonerates him, from that duty. Is this Purchaser then, by the Deeds, exempted from the necessity of seeing to the application of the Purchase Money? The Deed of May 1806 contains an express Clause, that the Receipt of the Trustees should he a sufficient Discharge to the Purchaser, and that he should not be obliged to see to the application of the Purchase Money, nor obliged to inquire into the necessity of making the Sale: and in the Deed of March 18to, a 1817. Power, as full as can be, is given to the Trustees. It not only giving them power to sue and make Acquittances, but to act as effectually, to all intents and purposes, as T. Binks might or could have done; so that this Pur-Lord Rokeby chaser is clearly not ...


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Product Details
  • ISBN-13: 9781130688252
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 132
  • Series Title: English
  • Weight: 249 gr
  • ISBN-10: 1130688259
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 7 mm
  • Width: 189 mm


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