 | Richard Holmes Coote, Richard Coote - Mortgages - 1850 - 798 pages
...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... | |
 | Richard Holmes Coote - 1850 - 766 pages
...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... | |
 | Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - Civil procedure - 1851 - 400 pages
...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,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...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... | |
 | Great Britain. Courts - Law reports, digests, etc - 1853 - 766 pages
...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... | |
 | John Locke - Attachment and garnishment - 1853 - 164 pages
...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... | |
 | Equity - 1855 - 722 pages
...:— 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... | |
 | William Tidd - Civil procedure - 1856 - 976 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 (6) 4 Campb. 191. (c) STaunt. 527. (d) 1 Blac. Rep. 205. 2 Blac.... | |
 | William Tidd - Civil procedure - 1856 - 838 pages
...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... | |
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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... 
