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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 Excerpt:... the six months. In re Alcock, 23 Ch. Div. 372. Where interest was payable on a mortgage half-yearly in advance, and the mortgagee, before a half-yearly payment became due, contracted to sell the mortgaged property, and received the price, which was more than sufficient to pay off the mortgage, two days after a payment became due, he was only allowed interest down to the time when he received the price. Banner v. Berridge, 18 Ch. D. 255, 278. Slortgagor Where a mortgagor gives notice to pay off the morteage failing to pay,,,,, Z after notice, and does not make the payment on the appointed day, the mortgagee is entitled to a fresh six months' notice or to six months' interest in lieu of notice. In re Moss, 31 Ch. D. 90. Mortgagee But where the mortgagee has been a party to an order for for payment, the payment of his debt out of a fund in Court, and the payment is not made until after the day fixed by the order, he is only entitled to interest till actual payment In re Moss, 31 Ch. D. 90; see Day v. Bay, 31 B. 270. B. Tacking.--I. Unsecured Debts. No tacking Neither specialty nor simple contract debts could be tacked mortgagor, as against the mortgagor himself. Jones v. Smith,, 2 Ves. J. 372, 376; Du Vigier v. Lee, 2 Ha. 326, 339. Debtebybond Debts by bond or covenant in which the heirs were bound or covenant could always be tacked against the heir or devisee redeeming. Coleman v. Winch, 1 P. W. 775; Elvy v. Norwood, 21 L. J. Ch. 716. And a mortgagee of a term could tack simple contract debts, Simple as against the executor redeeming. Coleman v. Winch, 1 P. W. 775. Where a testator charged his land with debts or devised them for payment of debts, simple contract debts could have been tacked as against the heir or devisee redeeming. Price v. Fastnedge, Ambl....
Page Count:
242
Publication Date:
2012-03-01
Publisher:
Rarebooksclub.com
ISBN-10:
113014951X
ISBN-13:
9781130149517