A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 3
A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 3
Edward Burtenshaw Sugden
The book A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 3 was written by author Edward Burtenshaw Sugden Here you can read free online of A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 3 book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 3 a good or bad book?
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Rep. 57; but see Peter- her claim to the tenant. F F 3 438 OF EQUITABLE RELIEF, ETC. incumbrance on the estate, and cannot, as against that incumbrance, claim the benefit of the prior incumbrances which he has paid off (/). 57. So if, being a mortgagee, he purchase with notice of an agreement to grant a lease, he is bound by it, although, being made subsequently to his mortgage, it could not have been enforced against him in his cha- racter of mortgagee (g). 58. And if a mortgagee would avail h...imself of prior incumbrances which he pays off against subsequent subsisting ones, he should actually keep on foot those which he pays off, and not allow them to be extin- guished (A). The distinction is a very subtle one. 59. It seems, that where two persons claim a rever- sion, to which only one can be entitled, a bill will lie to perpetuate testimony, although both of them are purchasers, or only one of them is a purchaser (i) ; for such a bill calls for no discovery from the defendant, but merely prays to secure that testimony, which might be had at that time if the circumstances called for it (I).
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