 ... attachment more 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 part of the property of such bankrupt before the bankruptcy...  The Jurist - Page 451844Full view - About this book
 | English literature - 1825 - 598 pages
...it is to be master of its bearings, we shall refer to the latter part of section 108, whereby it is provided, " That no creditor, though for a valuable...any judgment obtained by default, confession, or nil did/, shall avail himself of such execution to the prejudice of other fair creditors, but shall be... | |
 | Great Britain - 1825 - 1228 pages
...than a rateable Part of such Debt, ex" cePt *n resPect °f an7 Execution or Extent Exception. Seizure upon, or any Mortgage of or Lien upon any Part of...shall avail himself of such Execution to the Prejudice //> judice of other fair Creditors, but shall be paid rateable with such / Creditors. / CIX. And be... | |
 | James Espinasse - 1825 - 602 pages
...respect of any exe" union or extent served and levied by seizure upon, or any mort" SaSe °f or l'en upon any part of the property of such bankrupt " before...consideration, who shall sue out execution upon any judg" ment obtained by default, confession, or nil dicit, shall avail him" self of such execution to... | |
 | John Frederick Archbold - Bankruptcy - 1827 - 616 pages
...tors6.' L" °l 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 bankrupt before the bankruptcy (a) ; provided that no creditor, though for a. valuable consideration, who shall sue out execution... | |
 | Edward E. Deacon - Bankruptcy - 1827 - 1088 pages
...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 the bankrupt before the bankruptcy. (2) When a creditor comes to prove his debt, be is obliged to swear,... | |
 | Thomas Christopher Glyn, Robert S. Jameson - Bankruptcy - 1828 - 492 pages
...debt, in manner In the matter therein prescribed. That section then provides, " that no WHITRHKAD. creditor, though for a valuable consideration, who...judgment obtained by default, confession, or nil dicit, shah 1 avail himself of such execution, to the prejudice of other fair creditors." Now it appears to... | |
 | William Tidd - Civil procedure - 1828 - 806 pages
...entitle/to exe- a valuable consideration, who shall sue out execution upon any judgment cution, on judg- obtained by default, confession, or nil dicit, shall avail himself of such ment by default, &c. execution, to the prejudice of other fair creditors, but shall be paid rateable... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1829 - 658 pages
...section does indeed provide, in terms somewhat inconsistent and irreconcilable with the enacting part, " that no creditor, though for a valuable consideration,...any judgment obtained by default, confession, or nil (licit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be... | |
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