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" ... debt ; the latter has a right in equity to compel the former to resort to the other fund, in the first instance for satisfaction... "
Reports of Cases Argued and Determined in the Court of Chancery And, on ... - Side 26
av Mercer Beasley - 1860
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An Historical Treatise on the Practice of the Court of Chancery of the State ...

Dominick T. Blake - 1818 - 706 sider
...a party has two funds by which his debt is secured ; a person having an interest in one fund only, has a right in equity to compel the former to resort to the other fund, if that is necessary for the satisfaction of both. If therefore A. has two mortgages, and B. has one,...
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A treatise on the principles and practice of the High court of chancery

Henry Maddock - 1820 - 788 sider
...Assets,) that if a Party has two funds liable to his claim, a Person having an Interest in one only, has a right in Equity to compel the former to resort to the other, if that is necessary for the satisfaction of both (w). f This rule has given rise to what in the Administration...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volum 2

Sandford Nevile, Great Britain. Court of King's Bench, Sir William Montagu Manning - 1834 - 904 sider
...if a party has two funds by which his debt is secured, a person having an interest in one fund only, has a right in equity to compel the former to resort to the other fund, if that is necessary, for the satisfaction of (a) 2 Vern. 203. . . I , I . ,' !!.!•{/ (6) Vol. i....
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volum 5

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1835 - 1232 sider
...andOthen. shall take to that which, paying him, will leave another fund for another creditor ; and the latter has a right in equity to compel the former to resort to the other fund, or to stand in his place as to that other, if that be necessary for the satisfaction of both creditors...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volum 1

Joseph Story - 1839 - 658 sider
...party has two funds (not applying now to assets particularly), a person having an interest in one only has a right in equity to compel the former to resort to the other, if that is necessary for the satisfaction of both. I never understood, that if A. has two mortgages,...
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American Law Magazine, Volum 3

1844 - 506 sider
...two funds of his debtor, and another creditor has security for his debt on only one of these funds, the latter has a right in equity to, compel the former to resort to the other fund, if it is necessary for the satisfaction of both creditors, provided it will not prejudice the rights...
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Reports of Cases Argued and Determined in the High Court of ..., Volum 8

Francis Vesey, Great Britain. Court of Chancery - 1844 - 498 sider
...party has two funds (not applying now to assets particularly) a person having an interest in one only has a right in equity to compel the former to resort to the other ; if that is necessary for the satisfaction of both. I never understood, that if A. has two mortgages,...
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Volum 31

Arkansas. Supreme Court - 1877 - 810 sider
...two funds of his debtor, and another creditor has security for his debt on only one of these funds, the latter has a right in equity to compel the former to resort to the other fund, if it is necessary for the satisfaction of both debts, but it is also a well established rule, that...
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 sider
...principle is. that if one party has a lien on two funds, for his debt, and another party has a lien on one only of the funds, for another debt, the latter...other fund, in the first instance. for satisfaction. 1 Story's Eq., Ju., s«c. 569, GS3. Thus, in the case put by Mr. Justice Story, (Eq. Ju., sec. 633.)...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volum 2

Asa Kinne - 1852 - 736 sider
...party has a lien on, or an interest in, two funds for a debt, and another party has a lien on, or an interest in, one only of the funds for another debt,...other fund, in the first instance, for satisfaction. — Lanoy v. The Duke of jlihol, 2 dik. Rep. Jlldrich, v. Cooper, 8 Vts. 388 Ex parte v. Rendall, 17...
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