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" ... no creditor, though for a valuable consideration, who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution, to the prejudice of other fair creditors, but shall be paid rateable... "
Reports of Cases Argued and Determined in the Courts of Common Pleas and ... - Page 321
by Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832
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A Treatise on the Law of Mortgage

Richard Holmes Coote - 1850 - 766 pages
...statute of Geo. 4, then provided, that no creditor, though for a valuable consideration, who should sue out execution upon any judgment obtained by default, confession or nil dicit, should avail himself of such execution, to the prejudice of other fair creditors, who should...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 13

United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...and it became so great that, by the 108th section of the revising act of G Geo. 4, it was enacted, that " no creditor, though for a valuable consideration, who shall sue out execution on any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution,...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 24

Great Britain. Courts - Law reports, digests, etc - 1853 - 766 pages
...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,...any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be...
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The Practice of the Courts of King's Bench and Common Pleas, in ..., Volume 2

William Tidd - Civil procedure - 1856 - 976 pages
...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,...any judgment obtained by default, confession or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors ; but shall (6)...
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The Practice of the Courts of King's Bench and Common Pleas, in ..., Volume 1

William Tidd - Civil procedure - 1856 - 838 pages
...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 consideration,...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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The Irish Jurist, Volume 2; Volume 9

Law - 1857 - 818 pages
...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,...any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be...
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Irish Common Law Reports: Reports of Cases Argued and ..., Volumes 8-9

Law reports, digests, etc - 1860 - 658 pages
...c. 14, corresponding with section 109 of the English Act, 6 G. 4, c. 16, by which it was enacted, " That no creditor, though for a valuable "consideration, who shall sue out execution upon any judgment TT 1858. " obtained by confession, default or nil dicit, shall avail bimself of CommonPleas. , , ,...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1864 - 1042 pages
...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,...any judgment obtained by default/ confession or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 46

Great Britain. Courts - Law reports, digests, etc - 1864 - 584 pages
...construction of the statute. If the provision, that no creditor suing out execution on a warrant of attorney shall avail himself of such execution to the prejudice of other fair creditors, had stopped there, no doubt would have arisen. It might have been contended that such creditor was...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 49

Great Britain. Courts - Law reports, digests, etc - 1865 - 668 pages
...effects of a bankrupt, shall be available for more than one year's rent;" the latter, that " no creditor who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors." The relation...
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