The Revised Reports
Format: Paperback
ISBN13: 9780217104616
Paperback|9780217104616
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: It must be owned that the case of Tookc v. Hartley (i), and the Txjckhart case of Perry v. Barker (2), have left this matter in great obscurity, Hardy. and I find it difficult to understand the various opinions stated. I proceed upon this, that, in equity, the mortgagee is bound to restore the estate on full payment of the debt; and that having sold the estate, and thereby disabled himself from restoring it, he is not in a condition to demand payment of the whole debt, which he does, when he sues on the bond. If he sued on the covenant, he might lav his damages at the difference between the debt and the price of the estate sold. This would be 'obtaining full payment of the debt, 368 1 taking the value of the estate as part. I incline to think that it would be altering the nature of the contract between the parties, and giving to the mortgagee the benefit of a trust for sale with a bond or covenant for the deficiency, instead of a mortgage bond or covenant. It might be reasonable to do this, and desirable to have it done, but it does not appear to me that such is the law at present. LINDGREN v. LINDGKEX. (9 Beav. 358?365; S. C. 15 L. J. Ch. 428; 10 Jur. 674.) In 1843, a testatrix made several bequests to the amount of l.OOO/., of the stock 3 per cent. Consols, now standing in my name in the books of the Bauk of England. The testatrix died in the same year, and had not, at the date of the will, or at her death, any stock whatever standing in the Bank books. It appeared, however, from extrinsic evidence, that in 1840, she had had a sum of 1,000/. Bank Annuities standing in her name, which she sold out and lent to A. B., he paying her, down to her death, a sum equal to the dividends. It was held, that extrinsic evidence was admissible to prove how the mistake in descrip...
| ISBN-13 | 9780217104616 |
|---|---|
| ISBN-10 | 0217104614 |
| Weight | 1.16 Pounds |
| Dimensions | 9.00 x 6.00 x 0.80 In |
| List Price | $41.57 |
| Format | Paperback |
|---|---|
| Pages | 358 pages |
| Publisher | |
| Published On | 2009-08-01 |
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