Report Of Cases Relating To Barbados To Be Found In The English Law Reports

Author : W. Herbert Greaves
Publisher : Forgotten Books
ISBN 13 : 9780332735009
Total Pages : 218 pages
Book Rating : 4.7/5 (35 download)

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Download or read book Report of Cases Relating to Barbados to Be Found in the English Law Reports and of Certain Cases Argues and Determined in the Local Courts written by W. Herbert Greaves and published by Forgotten Books. This book was released on 2017-12-13 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Report of Cases Relating to Barbados to Be Found in the English Law Reports and of Certain Cases Argues and Determined in the Local Courts: Selected and Edited The next question is, the priority to be given in this Court between a bond debt of the Testator, in which his heirs, executors, administrators and assigns are bound by himself, in his lifetime, and a judgment confessed by his executor, on a simple contract debt of the Testator. It has been already stated that the Court, in this suit, 18 to administer the assets of the Testator in precisely the same way as the executor is bound to do, that the debts respecting which the questions of priority arise on the exceptions must be paid, if at all, or in part, out of the purchase-money of the estates that that purchase-money is ap plicable to their payment 'in a due course of administration, ' which the bill prays for, and it is admitted that the executor had due notice of these debts. The only point, therefore, is one of legal priority. Now, the duty of the executor in this matter is quite clear; he is bound to observe, in paying the debts of the Testator, those rules of law as to priority, according to the several degrees or nature of the debts which have been estab lished at law, although he has a right among several creditors of equal degree, to prefer and pay any one before another, even though there should remain nothing to satisfy that other. Yet here his authority ends, he has no right to pay the debts out of their legal rank nay, when sued for a debt of inferior degree he is bound to resist its payment if there be not property enough to satisfy the debt of higher degree and that if, having notice of such debt of higher degree, he does not resist, but pays it, he is personally liable for the amount so paid to the injury of the prior creditor. This is the principle which must guide the Court in this question. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.