The Practice of the Court of Chancery for Ontario: With Some ..., volume 2
The Practice of the Court of Chancery for Ontario: With Some ..., volume 2
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In our eReader you can find the full English version of the book. Read The Practice of the Court of Chancery for Ontario: With Some ..., volume 2 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Practice of the Court of Chancery for Ontario: With Some ..., volume 2
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680 ; Maguire v. Allen, 1 B. & a 75 ; Dowling v. Hud$m, 14 Bear. A Digitized by Google RECEIVEBS. 1753 The Court will not, unless under very particular circumstances, appoint a receiver, where the party having the legal estate is in actual possession of the property^ Thus, although a second mort- gagee may have a receiver, where the first is not in possession, yet, if the first mortgagee is in actual possession of the estate, a receiver will not be appointed : unless it is shown that the first ...moiigagee has been paid off : in which case, a receiver may be appointed, on the application of a subsequent incumbrancer.^ In order to defeat an equitable mortgagee of his right to a receiv- er, the possession of the party must be such a possession as invests him with a title to receive the rents and profits : a meye possession as tenant will not be sufficient ; and where one of the defendants was in the occupation of part of the estate as tenant, and had pur- chased of the plaintiff a part of his mortgage, the interest of which was about equal to the rent of his occupation, the Court of Exche- quer held, that -he could not unite his two characters of mortgagee and tenant ; and that his possession, being as tenant, could not be set up against the other mortgagee.^ And here it may be remarked, that as between mortgagees in pos- session and persons having subsequent interests, the Court will not appoint a receiver against a mortgagee's own oath that something is due to him,* unless the party making the application will offer to pay him off, according to his demand, as he states it himself : in which case, if the party will bring the mortgagee's own confession that he has been paid off, or that he has refused to accept what is due to him, the receiver will be appointed ;^ but, for this purpose the Court will require the mortgagee to state upon his oath what he believes to be due ; and, in taking the possession from him upon payment of what he swears to be due, it will make him give secu- 1 It seems that this rule will not apply, where the party in possession is in*»r
What to read after The Practice of the Court of Chancery for Ontario: With Some ..., volume 2?
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To quickly assess the difficulty of the text, read a short excerpt:
680 ; Maguire v. Allen, 1 B. & a 75 ; Dowling v. Hud$m, 14 Bear. A Digitized by Google RECEIVEBS. 1753 The Court will not, unless under very particular circumstances, appoint a receiver, where the party having the legal estate is in actual possession of the property^ Thus, although a second mort- gagee may have a receiver, where the first is not in possession, yet, if the first mortgagee is in actual possession of the estate, a receiver will not be appointed : unless it is shown that the first ...moiigagee has been paid off : in which case, a receiver may be appointed, on the application of a subsequent incumbrancer.^ In order to defeat an equitable mortgagee of his right to a receiv- er, the possession of the party must be such a possession as invests him with a title to receive the rents and profits : a meye possession as tenant will not be sufficient ; and where one of the defendants was in the occupation of part of the estate as tenant, and had pur- chased of the plaintiff a part of his mortgage, the interest of which was about equal to the rent of his occupation, the Court of Exche- quer held, that -he could not unite his two characters of mortgagee and tenant ; and that his possession, being as tenant, could not be set up against the other mortgagee.^ And here it may be remarked, that as between mortgagees in pos- session and persons having subsequent interests, the Court will not appoint a receiver against a mortgagee's own oath that something is due to him,* unless the party making the application will offer to pay him off, according to his demand, as he states it himself : in which case, if the party will bring the mortgagee's own confession that he has been paid off, or that he has refused to accept what is due to him, the receiver will be appointed ;^ but, for this purpose the Court will require the mortgagee to state upon his oath what he believes to be due ; and, in taking the possession from him upon payment of what he swears to be due, it will make him give secu- 1 It seems that this rule will not apply, where the party in possession is in*»r
What to read after The Practice of the Court of Chancery for Ontario: With Some ..., volume 2?
You can find similar books in the "Read Also" column, or choose other free books by Leggo, William, 1822-1888 to read onlineMoreLess
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