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.
1899 Excerpt: ...ne exeat regno to issue against the purchaser,
with the object of protecting the vendor against loss of the agreed
purchasemoney, by reason of the purchaser going abroad without
paying or securing the payment of it. The circumstances under which
this writ might be granted were discussed at length by Lord Eldon
in Boehm v. Wood (1823, Turn. & E. at pp. 343 et seq.; see,
too, Morris v. McNeil, 1827, 2 Russ. at p. 605). The writ has not
been abolished: but, under the present practice, it probably will
not be issued in any case which does not fall within the provisions
of sect. 6 of the Debtors Act, 1869, by which section arrest upon
mesne process was done away with, and a limited power of arresting,
under certain specified circumstances, a defendant about to quit
England was conferred, and is now (Judicature Act, 1873, s. 76)
exerciseable by the judges of the High Court (see Drover v. Beyer,
1879, 13 Ch. D. at pp. 243, 244; Hands v. Hands, 1881, 43 L. T. N.
S. 750; Colverson v. Bbomfield, 1885, 29 Ch. D. at pp. 342, 343;
and Ord. LXIX.). CHAPTER XIV. GROUNDS OP DEFENCE. Generally, it is
a good defence to show that the particular case before the Court
falls within some or one of those classes of cases already adverted
to (supra, pp. 14--17), in which the Court declines, as a rule, to
enforce specific performance. It may, however, be convenient to the
practitioner to have this general statement supplemented by some
concise particulars of the principal grounds of defence, upon
which, when the circumstances of the particular case render any of
them appropriate and available, a defendant to an action for
specific performance may rely. Ambiguity.--"Where the terms of a
contract are ambiguous, the Court may on that ground refuse to
enforce it (Clowes v. Higg...
|Country of origin:
William Donaldson Rawlins
||246 x 189 x 3mm (L x W x T)
||Paperback - Trade
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