 | William Tidd - Civil procedure - 1837 - 720 pages
...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...the property of such bankrupt, before the bankruptcy : Pro- Proviso as to " vided, that no creditor, though for a valuable consideration, who " shall sue... | |
 | William Tidd - Civil procedure - 1837 - 942 pages
...consideration, who fudira'en • shall sue out execution upon any judgment obtained by default, fault, &c " confession, or nil dicit, shall avail himself of such execution, to the " prejudice of other fair creditors, but shall be paid rateable with " such creditors." Therefore, where A. obtained... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1838 - 760 pages
...6 B. & C. 479, 9 D. & R. 51 1, Lord Tenterden held that the proviso in the 6 Geo. 4, c. 16, s. 108, that "no creditor, though for a valuable consideration,...shall avail himself of such execution to the prejudice of other 1837. fair creditors," limited to creditors having security the BLATCHFORD ^cep1'on m favour... | |
 | Richard Shipman - Conveyancing - 1840 - 794 pages
...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 be paid rateably with such creditors." Under this section a creditor... | |
 | William Blackstone, John Bethune Bayly - Law - 1840 - 764 pages
...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 be paid rateable with such creditors. But see as to the latter part... | |
 | Equity - 1840 - 516 pages
...rateable part of such debt, except in respect of any " execution or extent served and letted by .tenure upon, or any mortgage of or lien upon " any part of...bankrupt before the bankruptcy ; provided that no ere" ditor, though for valuable consideration, who shall sue out execution upon any judgment " obtained... | |
 | John Frederick Archbold - Bankruptcy - 1840 - 986 pages
...cJ'editor's" 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 twikrupt before the bankruptcy (1) ; provided that no crediltfr, though for a valuable consideration,... | |
 | Equity - 1841 - 692 pages
...except in respect of any execution served and levied by seizure upon any part of the property of the bankrupt before the bankruptcy : provided that no...any judgment obtained by default, confession, or nil didt, shall avail himself of such execution, to the prejudice of other fair creditors, but shall be... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 850 pages
...proviso in s.108 of the »• 6 Geo. 4. c. 16, " that no creditor, though for a valuable JSlMPSON. consideration, who shall sue out execution upon any...shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateable with such creditors," was held to be retrospective.... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 814 pages
...the Proviso in s-108 of the »• 6 Geo. 4, c. 16, " that no creditor, though for a valuable SIMPSON. consideration, who shall sue out execution upon any...shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateable with such creditors," was held to be retrospective.... | |
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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... 
