 | William Cruise - 1804 - 596 pages
...*' efcheat to the crown ? No : becaufe, in that cafe, *' the lord has a tenant to do his fervices ; and that is ** the whole he is entitled to, in law and equity. « What the juftice might be between the mortgagee « and executor, I JhaJJ not trouble myfelf about. I ^ Ithink... | |
 | John Joseph Powell - 1822 - 648 pages
...the Master of the Rolls, and the Chief Justice, aaid, (1 Bl. Rep. 184.) " If a mortgagor die without heir, shall the mortgagee hold the land free ? I answer,...to the crown ? No ; because in that case the lord bas a tenant to do his services, and ill it is the whole he is entitled to in law and equity. What... | |
 | William Cruise - 1824 - 548 pages
...in the case of Burgess o.Wheate the Lord Keeper said,—" If a mortgagor die without heir,—shall the mortgagee hold the land free ? I answer, Shall...Crown has not an equity on which to sue a subpoena." 29. Where money is directed to be laid out in the purchase of land, but the quality of real estate... | |
 | Great Britain. Court of Chancery - 1827 - 672 pages
...quo." And so, in the same Case, Lord Northington, C. says (o), " 'Twas said, if a Mortgagor die without Heir, shall the Mortgagee hold the Land free? I answer,...that case, the Lord has a Tenant to do his Services, aud]that is the whole he is entitled to in Law and Equity." Suppose that this were a case of Freehold... | |
 | William Cruise - 1827 - 760 pages
...die without heir, shall the mortgagee hold the land free 1 I answer, shall it escheat to the Crown 1 No ; because in that case the lord has a tenant to do his sen-ices, and that is the whole he is entitled to in law and equity. What the justice might be between... | |
 | William Cruise - 1835 - 502 pages
...the case of Burgess v. Wheate the Lord Keeper i B!»ck.R.i84. said, — " If a mortgagor die without heir, — shall the mortgagee hold the land free ?...Crown has not an equity on which to sue a subpoena." 416 Walker v. Denne, 2 Ves. Jun. 170. 'J'o whom lands escheat. Dissert, c. 3. 9.38. Ante, s. 23. 12... | |
 | William Cruise - 1835 - 496 pages
...in the case of Burgess v. Wheate the Lord Keeper iBUck.R.184. said, — " If a mortgagor die without heir, — shall the mortgagee hold the land free ?...because in that case the lord has a tenant to do his servjces ; and that is the whole he is entitled to in law and equity. What the justice might be between... | |
 | James Barr Ames - 1893 - 548 pages
...think the arms of equity are very short against the prerogative. 'Twas said, if a mortgagor die without heir, shall the mortgagee hold the land free? (I answer,...and equity. What the justice might be between the mortgagor and executor I shall not trouble myself about. I think the crown has not an equity on which... | |
 | Robert Campbell, Irving Browne - 1896 - 932 pages
...to his own estate and possession. . . . T was said, if a mortgagor die without heir, shall the [184] mortgagee hold the land free ? (I answer, shall it...Crown has not an equity on which to sue a subpoena. As to the claim of the heir ex parte materna, the estate is conveyed and the use executed in Page and... | |
 | 1905 - 1154 pages
...so, in the same case, Lord Northington, C., says (1 Bla. 184), "Twas said, if a mortgagor die without heir, shall the mortgagee hold the land free? I answer,...•services, and that is the whole he is entitled to in the law and equity." Suppose that this were a case of freehold land, and that the Crown was the immediate... | |
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If a mortgagor die without heir, — shall the mortgagee hold the land free ? I answer, Shall it escheat to the Crown ? No, because in that case the lord has a tenant to do his services ; and that is the whole he is entitled to in law and equity. What... 