 | Charles Barton - 1821 - 696 strani
...estates descended to two different persons ; and this, it was said, was done upon a constant equity, that if a creditor has two funds, he shall take his satisfaction out of that upon which another creditor has no lien". And, a mortgage being assignable, the mortgagor or his heirs... | |
 | John Joseph Powell - 1822 - 648 strani
...even though the estates descend to two different persons; and this is done upon a constant equity, that if a creditor has two funds, he shall take his satisfaction out of that fund, upon which a creditor has no lien (c). (î) 2 Atk. 440, redeem к mortgage made by his father to the defendant,... | |
 | Maryland. Court of Appeals, Richard W. Gill, Richard Wordsworth Gill, John Johnson - 1830 - 562 strani
...bearing which fortifies and illustrates the equity by which this case is governed. In those cases, where a creditor has two funds, he shall take his satisfaction...that fund upon which another creditor has no lien, or which he cannot reach. This, however, is done for the benefit of creditors, not of the debtor, though... | |
 | Sandford Nevile, Great Britain. Court of King's Bench, Sir William Montagu Manning - 1834 - 904 strani
...Duke of Athol(d), it is said by Lord Hardwicke to be the constant equity of the Court of Chancery, that if a creditor has two funds, he shall take his...that fund upon which another creditor has no lien. Copes v. Middleton (e) and Ex parte Goodman^) are also authorities to shew, that in this case a Court... | |
 | Joseph Story - 1839 - 658 strani
...Post. § 633 to § 642. laid down as the general rule of the Courts of Equity in cases of this sort, that if a creditor has two funds, he shall take his satisfaction (if he may) out of that fund, upon which another creditor has no lien; and the like rule is applied... | |
 | 1844 - 530 strani
...to answer her demands: the plaintiff has only one. Is it not then the constant equity of this Court, that, if a creditor has two funds, he shall take his...that fund upon which another creditor has no lien ? Suppose a person, who has two real estates, mortgages both to one person, and afterwards only one... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 strani
...to exhaust the remedy upon the lot not mortgaged to second mortgagee. Hop. Rep., 460 ; 3 Leigh, 532. If a creditor has two funds he shall take his satisfaction...that fund upon which another creditor has no lien. 1 Story's Eq., sec. 556, 633, and note, ca?es cited, 647. The funds in the hands of first mortgagee,... | |
 | Great Britain. Court of Chancery, Sir Steuart Macnaghten - 1850 - 286 strani
...Hardwiche, in Lanoy v. Duhe of Athol, 2 Atk. 446, says, that " it is the constant equity of this Court, if a creditor has two funds he shall take his satisfaction out of that upon which another creditor has no lien;" and, in a subsequent case, the same learned Judge says that... | |
 | Great Britain. Court of Chancery, Sir Steuart Macnaghten - 1850 - 286 strani
...Hardwiche, in Lanoy v. Duhe of Athol, 2 Atk. 446, says, that " it is tbe constant equity of this Court, if a creditor has two funds he shall take his satisfaction out of that upon which another creditor has no lien;" and, in a subsequent case, the same learned Judge says that... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1856 - 714 strani
...answer her demands ; the Plaintiff has only one. Is it not then the constant equity of this Court, that if a creditor has two funds, he shall take his...that fund upon which another creditor has no lien. Suppose a person, who has two real estates, mortgages both to one person, and afterwards only one estate... | |
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Court, that if a creditor has two funds, he shall take his satisfaction out of that fund upon which another creditor has no lien. 
