Irish Equity Reports Volume 4

Author : Ireland. High Court Of Chancery
Publisher : Rarebooksclub.com
ISBN 13 : 9781230087634
Total Pages : 262 pages
Book Rating : 4.0/5 (876 download)

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Download or read book Irish Equity Reports Argued and Determined in the High Court of Chancery; the Rolls Court, and the Equity Exchequer written by Ireland. High Court Of Chancery and published by Rarebooksclub.com. This book was released on 2013-09 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848 edition. Excerpt: ... it is quite sufiicient if it substantially refer to the judgment. I entertain, however, some doubts as to the effect of that acknowledgment. It is a question whether it is an offer to compromise merely, or amounts to an acknowledgment of the demand. I am disposed to think that it is an acknowledgment of the right of the party to the sum due. Upon the whole, my present impression on the question upon the statute is, that the creditor is entitled to come in under the decree, and I do not see my way to disturb the report of the Master. The third exception I do not think tenable. It is insisted that the judgment, which is one in case, is not to bear interest at 4 per cent. under the 26th section of the 3 & 4 Vic. c. 105, as against puisne creditors whose ineumbranees were previous to the statute. It is insisted that the saving used in the 19th and 22nd sections must be applied to the 26th section. I do not concur in this view, nor can I consider that the omission of such a proviso in the 26th section is any casus omissus in the Act. If we find the Legislature using these savings in the 19th and 22nd sections, and not using them in the 26th section, it raises the inference that the omission was intentional. I cannot, therefore, see my way in cutting down the express operation of this section. It is quite clear that the judgment creditor would be entitled, if he sued out an execution, to recover the entire interest at 4 per cent., and I think, therefore, he is entitled in this suit to the same benefit. I do not see how he is to work out his rights as against the inheritor and the land in a different way or to a different extent than as against the creditors; and I must, therefore, disallow this exception. The Loan Crmncnnnoa....