The Office and Duties of Masters in Chancery and Practice in the Master's Office; With an Appendix of Precedents (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. 1824 Excerpt: ...sue out a scire facias each, utors207?c the executor may confess to which he chooses. The reason is that personal property is not bound until the writ is lodged with the sheriff. Why does not the court follow out its principles in this instance, and apportion personal assets, rateably among judgments? It deviates as Lord Talbot says, from its ordinary rule of justice and equality, in allowing preferences against legal assets, in order to follow the law; and yet in this instance it deviates from the law, to establish inequality. The case of Mortice v. The Bank of England, may not, on an pt inVSr. accurate examination prove as strong upon this point, as it at F. C. 405. first appears. Perhaps the assets applied in the manner decreed were real assets, the produce of real estate. In the executrix's plea in 173 1, she plead bonds and specialties to 15,000; and that she had only 1000, assets to pay; and in 1734. the real estate was declared subject to the debts, and directed to bo sold. Now against the real estate, and justly against its produce on a sale, judgments would be preferred by their ateS 2 Coxes In Goatex. Fryer, however Lord Thurlow says, --" The cases, 201. court does not take from a creditor the benefit of a judgment if prior to a decree, but it only supports the decree as equal in point of rank to a judgment; and then follows the rule of law in giving preference to the prior debt in point of time.," But the rule of law does not give that preference as to personal assets. CAP. X. Section 1. REFERENCE TO COMPUTE AMOUNT ON A BOND "---AND MORTGAGE. THIS is the most freajenrspecies of reference with us. The practice is rarely strict andit; has become so well established by a uniform course, that the solicitor may rely safely up...