Samuel Freeman Miller

Name: Savings Bank v. Creswell — Opinion of the Court
Author: Samuel Freeman Miller

Savings Bank v. Creswell — Opinion of the Court

Summary

“Savings Bank v. Creswell — Opinion of the Court”, is a work by Samuel Freeman Miller. It explores elements such as purchasers, appellant and lien.

Quotes from Savings Bank v. Creswell — Opinion of the Court (Samuel Freeman Miller)

Samuel Freeman Miller, Savings Bank v. Creswell — Opinion of the Court

“ Thus, for instance, if there be a judgment against a person owning at the time three acres of land, and he sells one acre to A., the two remaining acres are first chargeable in equity with the payment of the judgment debt, as we have already seen, whether the land be in the hands of the debtor himself or of his heirs. If he sells another acre to B., the remaining acre is then chargeable in the first instance with the debt as against B., as well as against A., and if it should prove insufficient, then the acre sold to B. ought to supply the deficiency in preference to the acre sold to A. ”

[↩︎]

Source: Wikisource

Samuel Freeman Miller, Savings Bank v. Creswell — Opinion of the Court

“ The court granted such relief as is authorized by the principle that where real estate is subjected to a lien in the hands of its owner, and he sells or mortgages separate parcels of that property subsequently to different persons, and at different times, these parcels shall be subjected to payment of the lien in the inverse order of their alienation. ”

[↩︎]

Source: Wikisource

Samuel Freeman Miller, Savings Bank v. Creswell — Opinion of the Court

“ The proposition we are called on to consider is one on which the authorities, though numerous, are by no means in harmony. Mr. Justice Story, in his work on Equity (vol. ii. sect. 1233 b) , approves the rule, so far as any of the property subject to the lien remains in the hands of the party against whom the lien was first established, but he says there is great reason to doubt whether it can be applied as between subsequent purchasers from that party, when it has been alienated at different times and to several persons. ”

[↩︎]

Source: Wikisource

Samuel Freeman Miller, Savings Bank v. Creswell — Opinion of the Court

“ That ground is that the first purchaser has a right to suppose that the part of the mortgaged property which he leaves with the mortgagor will in his hands be first subjected to the payment of the mortgage he has made. ”

[↩︎]

Source: Wikisource

Samuel Freeman Miller, Savings Bank v. Creswell — Opinion of the Court

“ We may, as an additional reason, suggest a principle often called into action in recent times in the courts; namely, that where one of two innocent persons must suffer a loss, it should fall on him who by reasonable diligence or care could have protected himself, rather than on him who could not. ”

[↩︎]

Source: Wikisource

Samuel Freeman Miller, Savings Bank v. Creswell — Opinion of the Court

“ In the case supposed, the second purchaser, at the time of his purchase, knowing that the land which he buys is subject to the incumbrance before that already sold, can exact of the vendor security or protection against the incumbrance, which it is out of the power of the first vendor to do at the time his risk is increased by the very act of the second purchaser. ”

[↩︎]

Source: Wikisource

Samuel Freeman Miller, Savings Bank v. Creswell — Opinion of the Court

“ But while the answer says that, as the appellant is informed and believes, there was a considerable amount of other property than that described in the bill, owned by said Brown, and subject to the lien of the judgment, which was sold and conveyed by him after his conveyance to secure the debt of the appellant, it does not describe the property or name the purchasers or fix the date of their purchases. ”

[↩︎]

Source: Wikisource

Samuel Freeman Miller, Savings Bank v. Creswell — Opinion of the Court

“ In Sir William Herbert's Case (3 Coke, 11) , it was resolved that 'if A. be seised of three acres, and acknowledge a recognizance or statute, and enfeoff B. of one acre, and C. of another acre, and the third descends to his heir, and if execution be sued out against the heir he shall not have contribution against the purchasers, for the heir sits in the seat of his ancestor.' Among them is also Lanoy v. ”

Samuel Freeman Miller

Summary

Quotes from Savings Bank v. Creswell — Opinion of the Court (Samuel Freeman Miller)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature