But they think that if he does not so enquire and acts honestly, the real existence of an alleged sufficient and reasonably credited necessity is not a condition precedent to the validity of his charge, and they do not think that under such circumstances... Judgments of the Privy Council on Appeals from India - Página 32de David Sutherland (barrister-at-law.), Great Britain. Privy Council. Judicial Committee - 1880Visualização completa - Sobre este livro
| John Joseph Powell - 1822 - 648 páginas
...pay ecutor"nwgh.~ debts, or by way of charge, or of power, the purchaser or SP 390. 304. mortgagee is not bound to see to the application of the money ; the lands are discharged on payment of the money into the hand the law appoints to receive it, and the... | |
| Great Britain. Court of Chancery - 1827 - 976 páginas
...Sir William Wheeler can be brought before the Court to join, it is not possible to say, the purchaser is not bound to see to the application of the money. The Defendant therefore cannot be compelled to take the estate upon the receipt of one trustee only. Reply.... | |
| John Gray - 1845 - 462 páginas
...the purchaser, or of serving him with notice at a subsequent stage of the proceedings. The purchaser is not bound to see to the application of the money, the notice required by him before paying out the money being only for his own protection in another way.... | |
| Great Britain. Court of Chancery - 1858 - 684 páginas
...to charges made by an executor, or one having power to dispose of real estate, where the purchaser is not bound to see to the application of the money, the law is well settled. If the executor or trustee be dealing for an advance of monies, and that advance... | |
| Bengal (India). Sadr Dīwānī ʻAdālat - 1860 - 920 páginas
...acting in the particular instance for the benefit of the estate, the real existence of a sufficient necessity is not a condition precedent to the validity of his charge on the estate, nor is he bound to see to the application of the money . . 1643 Jteversioners. 1. Held... | |
| North-Western Provinces, India - 1865 - 614 páginas
...enquire, and acts " honestly, the real existence of an alleged sufficient and reasonably" credited necessity is not a condition precedent to the validity of " his charge, and they do not think that, under the circumstances, " he is bound to see to the application of the money.... | |
| Arthur George Macpherson - 1868 - 274 páginas
...not so enquire and acts honestly, the real existence of an alleged sufficient and reasonably credited necessity is not a condition precedent to the validity of his charge, and they do not think that under such circumstances he is bound to see to the application of the money.... | |
| Punjab (India) - 1869 - 838 páginas
...do so enquire and act honestly, the real existence of an alleged sufficient and reasonably credited necessity is not a condition precedent to the validity of his charge : and they do not think that under such circumstances he is bound to see to the application of the money.... | |
| 1872 - 638 páginas
...so enquire, and acts honestly, the real existence of an alleged sufficient and reasonably credited necessity is not a condition precedent to the validity of his charge, and they do not think that, under such circumstances, he is bound to see to the application of the money."... | |
| 1876 - 322 páginas
...ordinary circumstances, be presumed to be a family debt. Tdndavardya Miidali v. Valli Ammal (2). " The mere creation of a charge by a Manager securing a proper debt, is not to be viewed as an improvident act ; and a bond fide creditor is not to suffer when he has acted... | |
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