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" ... the heir or devisee to whom such land or hereditaments shall descend or be devised shall not be. entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of such person, but the land or hereditaments... "
Shelford's Real Property Statutes: Including the Prcincipal Statutes ... - Page 486
by Leonard Shelford, Great Britain, Thomas Henry Carson - 1874 - 854 lehte
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The Irish Jurist, 12. köide

1860 - 874 lehte
...claiming through or ander the deceased person, be primarily liable to the pnyment of all mortgage debt» with which the same shall be charged— every part thereof, according to Us value, bearing a proportionate part •f tb« mortgage debit charged on the whole thereof: Provided...
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An Essay on Real Assets: Or the Payment of the Debts of a Deceased Person ...

Joshua Williams - 1861 - 176 lehte
...real estate of such person; but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person,...mortgage debts charged on the whole thereof. Provided that nothing therein contained shall affect or diminish any right tf the mortgagee on such lands or...
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Reports of Cases Adjudged in the High Court of Chancery: By the ..., 2. köide

Great Britain. Court of Chancery, John Walter de Longueville Giffard - 1861 - 760 lehte
...real estate of such person; but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person,...of all mortgage debts with which the same shall be charged—every part thereof, according to its value, bearing a proportionate part of the mortgage...
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The Irish Jurist, 13. köide

1861 - 776 lehte
...real estate of such perion, but the hiud or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of art mortgage debts with which the same shall be charged, ever/ part thereof, according ,to its value,...
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The Examination Chronicle, 1–3. köide

1064 lehte
...devised to any person subject to a mortgage,' such lands shall, in the absence of a contrary intention, be primarily liable to the payment of all mortgage debts with which the same are charged ; and the heir or devisee shall not be entitled to have the same discharged out of the...
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Reports of Cases Decided in the High Court of Chancery ..., 170. osa,1. köide

Great Britain. Court of Chancery - 1862 - 712 lehte
...the statute goes on to say " but the land or hereditaments so charged shall as between the different persons claiming through or under the deceased person...the mortgage debts charged on the whole thereof;" and it is contended, that although if the testator had left next of kin, inasmuch as they and the widow...
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The Weekly Reporter

1863 - 804 lehte
...the 17 & 18 Viet. c. 113 (Locke King's Act), which enacts that the land of a deceased person shall be primarily liable to the payment of all mortgage debts with which the same shall be charged, contains the following proviso: — "Provided always, that nothing herein contained shall affect the...
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Reports of Cases Adjudged in the High Court of Chancery: Before ..., 2. köide

Great Britain. Court of Chancery, Henry Robert Vaughan Johnson, George Wirgman Hemming - 1863 - 826 lehte
...thereby secured out of the testator's personal estate. Locke King's Act (a), which makes the land " primarily liable to the payment of all mortgage debts with which the same shall be charged," applies only to cases where the testator or deceased person, at whose death the lands were charged,...
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Statuts de la province du Canada, 2. osa

Canada - 1865 - 542 lehte
...real estate of such person, but the lands or hereditaments so charged shall, as between the different persons claiming through or under the deceased person,...Provided always, that nothing herein contained shall pr0vi»o. affect or diminish any right of the morgagee on such lands or hereditaments to obtain full...
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Jurist: Containing Reports of All Cases Determined in Law and in ..., 1. osa

1865 - 1288 lehte
...so charged shall, as between the different persons claiming through or under the deceased person, bo primarily liable to the payment of all mortgage debts with which the same shall be charged." Baggallay, QC, and Joyce, for the widow, submitted that leaseholds were clearly not within the statute....
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