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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 ... - Page 78
by Great Britain - 1825
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Cases in Bankruptcy, Volume 2

Thomas Christopher Glyn, Robert S. Jameson - Bankruptcy - 1828 - 492 pages
...debt, in manner In the matter therein prescribed. That section then provides, " that no WHITRHKAD. creditor, though for a valuable consideration, who...judgment obtained by default, confession, or nil dicit, shah 1 avail himself of such execution, to the prejudice of other fair creditors." Now it appears to...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 6

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - Law reports, digests, etc - 1828 - 804 pages
...an exception of certain cases, " 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 the bankrupt before the bankruptcy." That applies to creditors having security, for a person who has...
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A Practical Treatise on the Commercial and Mercantile Law of England

Humphry William Woolrych - Commercial law - 1829 - 616 pages
...execution or extent served and levied by seizure upon, or any mortgage of or lien upon any property of the bankrupt before the bankruptcy, provided that no creditor,...shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateably with such creditors («). Sect. no. Should any...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench - Law reports, digests, etc - 1829 - 664 pages
...section does indeed provide, in terms somewhat inconsistent and irreconcilable with the enacting part, " 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 ratably with such creditors." But it has not yet been decided...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 8

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - Law reports, digests, etc - 1829 - 896 pages
...begun, must go on to a conclusion, and cannot be stopped by an act of bankruptcy. But the proviso says that no creditor, though for a valuable consideration,...any judgment obtained by default, confession, or nil (licit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench - Law reports, digests, etc - 1829 - 658 pages
...section does indeed provide, in terms somewhat inconsistent and irreconcilable with the enacting part, " that no creditor, though for a valuable consideration,...any judgment obtained by default, confession, or nil (licit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 3

Great Britain. Court of Exchequer, Edward Younge, Sir John Jervis - Law reports, digests, etc - 1830 - 614 pages
...in respect of any execution or extent served and levied by seizure upon, or any mortgage of, or any lien upon, any part of the property of such bankrupt...upon any judgment obtained by default, confession, or nildicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench - Law reports, digests, etc - 1830 - 576 pages
...bankruptcy (6). The latter part of the section creates the doubt. What is the meaning of that clause, " 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 ratably with such creditors." This clause cannot apply to...
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The Law Magazine Or Quarterly Review of Jurisprudence, Volume 1

Law - 1830 - 204 pages
...act, enacting (amonst other things) " That so much of the said statute as provides that no creditor who shall sue out execution upon any judgment obtained...shall avail himself of such execution to the prejudice of other fair creditors be hereby repealed. A bill for remedying a defect in the titles to lands purchased...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench - Law reports, digests, etc - 1830 - 574 pages
...bankruptcy (L). The latter part of the section creates the doubt. What is the meaning of that clause, " Provided that no creditor, though for a valuable consideration,...upon any judgment obtained by default, confession, or mil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall...
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