A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 3

Cover A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 3
A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 3
Edward Burtenshaw Sugden
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Rep. 57; but see Peter- her claim to the tenant.
F F 3 438 OF EQUITABLE RELIEF, ETC.
incumbrance on the estate, and cannot, as against that incumbrance, claim the benefit of the prior incumbrances which he has paid off (/).
57. So if, being a mortgagee, he purchase with notice of an agreement to grant a lease, he is bound by it, although, being made subsequently to his mortgage, it could not have been enforced against him in his cha- racter of mortgagee (g).
58. And if a mortgagee would avail h
...imself of prior incumbrances which he pays off against subsequent subsisting ones, he should actually keep on foot those which he pays off, and not allow them to be extin- guished (A). The distinction is a very subtle one.
59. It seems, that where two persons claim a rever- sion, to which only one can be entitled, a bill will lie to perpetuate testimony, although both of them are purchasers, or only one of them is a purchaser (i) ; for such a bill calls for no discovery from the defendant, but merely prays to secure that testimony, which might be had at that time if the circumstances called for it (I).


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