Reports of Cases, Upon Appeals and Writs of Error, in the High Court of Parliament Volume 1; From the Year 1701, to the Year 1779 with Tables, Notes and References (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1784 Excerpt: ... the time, would have bound Mr. P'gby, and confequently ought to bind the appellants, as /landing in his place. That the dating the mortgagees accounts, and making their intered principal, was not a prejudice, but an advantage to the edate; for it prevented the great expence of (herifPs poundage, and other fees incident to the taking pofleflion, and alfo the charge of afligning the mortgages, which would otherwife have happened and it could not be difputed, that if the mortgagees had ailigned to other perfbns, the whole fums paid by the aflignees, would have carried intereft: from the time of payment. That the whole fum due for intereft and coft, on the 15th of January, 1669, was liquidated at 134$/. 7-and it would be very unreafonable, that this fum fhould not carry intereft according to the agreement; when, it the money had been paid, as it ought, it would have produced intereft in another place. And as to Mr. Shrimpton's agreement, jt was infilled, that he was drawn in by furprize, and at a tavern to make it; that it was unreafonable in its nature, being to give 32 50 I. for the equity of redemption of an eftate, not fufficient tp pay the mortgagemoney due thereon by 20001.; that Mr. Shrimpton had no power to enter into any agreement, touching his wile's eftate; but if he had, yet he had not left affets for the performance of it; and therefore it was hoped, that there was no ground for carrying an agreement, thus circumfianced, into a fpecific execution. Decree Akd accordingly, after hearing counfel on this ap sihrmed. pez, it was Ordered and Adjudced, that the fame 'rj ,0 ' fhould be difmiffed; and the decree therein complainP '97-e(j 0r affirmed. Cife 8a William Grene, Gentleman, -Appellant. Joanna Grene, Widow, and ) D-., John Grene--Refpoiideim i 25th...