JB/078/033/001

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1826 Nov.19

Review of Humphreys

II. Mortgage Deed

Notes in the Reviewers Draught continued

[ ] [ Place or places of payment for principal. This topic The
Reviewers have taken the liberty to add. anger altogether example
from from danger can not be the omission of it. Upon the
transaction of Sale no such difficultydanger is at any rate no
equal danger attaches itself: by in kly of int their
making agreement as to the place and mutual conformity
the agreement is . Not so in the case of pledging.
No place in particular being mentioned, the description of the obligation
not being complicated, how can it have been violated? Were you
to have come to me, It or I to you? asks the borrower if the
money. if I to you, when can I could I be secure
of finding you? This difficulty (the author might the author naturally enough
say) this difficulty has no place in practice. True, but how so? Only because the
state of the case things which takes place is not the state of things which your
draught presents to view. What has place in this. [+] In case of failureWhich it is in Payment failing, if it
be of the principal, years,
as many as the borrower
chooses and can afford
to pay Eldon and Co
for, interview before
the money you have lent or the equivalent
land can be obtained:
if if the
it be the interest, an
additional pr security
is commonly afforded to
you bya change upon the rest
of the property, or the
shape of a bond, and
for this part of hyour money
is remedy a little
less clear anddilatory is sold
at another shop by Abbot and Co.:
andbut in both cases, if
your debtor
y chooses you must
buy it over again at of
about another shop with
Eldon the same Eldon at
the head of it. in the House
of Lords.
—
if it be<add>inthe principal in On failure of payment principal respect of If a failure takes place whether it be in respect
of principal is interest, principal that it takes place, the lender is farto a
great degree a long time without remedy. Councils indeed along with the mortgage
a bind is grow and then comes procedure in at in the Common Law form
and if so the creditor plans, by arrest of the person in to first instances
additional formality of a bond with that otherwise needless addition to
expence. But to obtain the estate the equivalent of a principal: the
comparative provided for the want of it? Sets remedy here. the a Bill of
procedure in what is called Equity by what is called a Bill of Inclusion.
Thereupon instead of comparative which the Creditor gets is the
privilege of being in a state of plunderage in the ground of under Eldon and Co for any
number of years that the borrowed funds has convention in keeping how the
Eldon who at last it is thought necessary to say something having great
doubts whether to produce at all, and if yes, at what time to foreclose.

Now then, by way of to speak in a parentheses, how stands the matter in the nature
of the case, the more delay as doubts as delay and then be who in
piece of land is pledged than where a piece of plate is pledged,
More indulgence it may be said is needed: perhaps yes: but if so what
sooner there is to be might in the first instance be deputated for: in which case
the will it depended upon would be not the will of of it has paster which
but of bill. But indulgence! sojournment in the billing of the struck
of the Equity species an indulgence. If there be one sort of of question of five more surp
and more exempt for difficulty of proof than another, it is whether to a certain price
by it certain time in a certain day a certain sum of money has been paid is no It is a question which by
might be any Justice of
Peace might be decided
in a question if in time
instead of being decided or
not in the Chancery Court in
half a d in the Lords However a whole of years. No: what is working in all this what is king in to Elatand Co is - not the knowing how, but the choosing to do justice. or understanding is<add>w wh sees there indigence
not a tive shape.
[+] cloudy is not to see what old
is there obslated by the cloud & compelling
of sinister interest, it is not quite so

Identifier: | JB/078/033/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-11-19	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	033	Info in main headings field	Review of Humphreys
Image	001	Titles	II Mortgage Deed / Notes on the Reviewers Draught continued
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2 / E2
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	25124
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