 | Joseph Story - 1839 - 658 pages
...difficult to reconcile this with the principle of all those cases between living persons." And again—" Suppose another case : two estates mortgaged to A.;...funds, shall not by his election disappoint the party having only one fund ; and Equity, to satisfy both, will throw him, who has two funds, upon that which... | |
 | Francis Vesey, Great Britain. Court of Chancery - 1844 - 498 pages
...both estates being pledged and made a double fund by the act and deed and contract of the mortgagor ? Suppose another case : two estates mortgaged to A.;...constructed, that he could not affect that estate afier the death of the mortgagor. But it is the ordinary case to say a person having two funds shall... | |
 | 1844 - 500 pages
...in Aldrich v. Cooper, (8 Ves. 381), in which his Lordship refers to the principle as settled, that a person having two funds shall not by his election disappoint the person who has only one, putting many cases where that principle would be acted upon. It is true, that... | |
 | Joseph Story - 1853 - 890 pages
...difficult to reconcile this with the principle of all those cases between living persons." And again ; " Suppose another case ; two estates mortgaged to A.;...is the ordinary case to say, a person, having two 61 » utere tuo, ut non alicnum ladas ; and, still more emphatifunds, shall not by his election disappoint... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1856 - 714 pages
...He subsequently, in giving an illustration of the rule, instances this very case:— He says (Z,), " Suppose another case :—two estates mortgaged to...funds shall not, by his election, disappoint the party having only one fund; and equity, to satisfy both, will throw him who has two funds upon that which... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 728 pages
...both estates being pledged and made a double fund by the act and deed and contract of the mortgagor ? Suppose another case : two estates mortgaged to A.,...funds shall not, by his election, disappoint the party having only one fund ; and equity, to satisfy both, will throw him who has two funds upon that which... | |
 | Joseph Story - 1866 - 860 pages
...difficult to reconcile this with the principle of all those cases between living persons." And again ; " Suppose another case : Two estates mortgaged to A., and one of them mortgaged to B. lie has no claim under the deed, upon the other estate. It may be so constructed, that he could not... | |
 | Joseph Story - 1873 - 1008 pages
...principle applies to one judgment creditor, who has a right to go upon two funds, and another judgment one of them mortgaged to B. He has no claim under...funds, shall not by his election disappoint the party having only one fund ; and equity, to satisfy both, will throw him who has two funds upon that which... | |
 | Joseph Story - 1877 - 936 pages
...difficult to reconcile this with the principle of all those cases between living persons." And again: "Suppose another case : Two estates mortgaged to A.,...affect that estate after the death of the mortgagor. Bat it Is the ordinary case to say, a person, having two funds, shall not by his election disappoint... | |
 | Leonard Augustus Jones - 1879 - 844 pages
...-which may involve him in litigation to realize. " But it is the ordinary case," says Lord Eldon, " to say, a person having two funds shall not by his election disappoint the party having only one fund and equity, to satisfy both, will throw him who has two funds, upon that which... | |
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Suppose another case; two estates mortgaged to A, and one of them mortgaged to B. He has no claim under the deed upon the other estate. It may be so constructed that he could not affect that estate after the death of the mortgagor. But it is the ordinary... 
