| 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,... | |
| 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... | |
| 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,... | |
| 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... | |
| 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,... | |
| 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... | |
| 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.)... | |
| 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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