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I mean that you might bring it to town for me to | I mean that you might bring it to town for me to | ||
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look at it. I would if possible prevent this | look at it. I would if possible prevent this chancery suit | ||
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which would be a new evil upon the back of all the former | which would be a new evil upon the back of all the former | ||
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promises in the world <del><gap/></del> to execute a mortgage which <hi rend="underline">now</hi> | promises in the world <del><gap/></del> to execute a mortgage which <hi rend="underline">now</hi> | ||
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remains to be executed would not give that <add | remains to be executed would not give that <add>future</add> mortgage the pref<sic>ei</sic>rence | ||
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over the preceding: what is more if a new mortgage | over the preceding: what is more if a new mortgage | ||
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has been made <hi rend="underline">subsequent</hi> to such promise and without notice | has been made <hi rend="underline">subsequent</hi> to such promise and without notice | ||
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of such promise it would also <add><hi rend="underline">I suppose</hi></add | of such promise it would also <add><hi rend="underline">I suppose</hi></add> take place of the mortgage | ||
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promised. I had always understood that the mortgage to | promised. I had always understood that the mortgage to | ||
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There will be a vast expense to all parties: it will make | There will be a vast expense to all parties: it will make | ||
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W. still less able to | W. still less able to fulfill his engagements and get the writings | ||
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out of the hands of the parties <sic>concern'd</sic> than he was | out of the hands of the parties <sic>concern'd</sic> than he was | ||
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with the other legatees. As to <unclear>Filkin's</unclear> advising it, that | with the other legatees. As to <unclear>Filkin's</unclear> advising it, that | ||
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is not to be wonder'd at: it would afford him pretty | is not to be wonder'd at: it would afford him pretty pickings</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
Would not Guy trust you with that same "bond or agreement
"you speak of, whereby W. charged the estates with the payment
"of the money with a promise to execute the proper mortgage"
I mean that you might bring it to town for me to
look at it. I would if possible prevent this chancery suit
which would be a new evil upon the back of all the former
ones. If there was a mortgage already subsisting all the
promises in the world to execute a mortgage which now
remains to be executed would not give that future mortgage the prefeirence
over the preceding: what is more if a new mortgage
has been made subsequent to such promise and without notice
of such promise it would also I suppose take place of the mortgage
promised. I had always understood that the mortgage to
Mrs A. was executed at the time the money was paid: only
that the Title deeds were not delivered. If it be not,
I should suppose that W. could have no objection to execute it
at any time; and that is all that Guy could possibly get by
his suit. You must stop that suit if you possibly can; for
the sake of all parties concerned. Upon It will be heavy to
Guy himself in the first instance. An Attorney won't undertake
a Chancery suit without having money in his hands.
There will be a vast expense to all parties: it will make
W. still less able to fulfill his engagements and get the writings
out of the hands of the parties concern'd than he was
before: if W. should prove insolvent the costs Guy's share of the costs
would ultimately fall upon the estate to which Guy is Executor;
that is upon Mrs Arkworth alone; or upon her
with the other legatees. As to Filkin's advising it, that
is not to be wonder'd at: it would afford him pretty pickings
Identifier: | JB/538/096/001"JB/" can not be assigned to a declared number type with value 538. |
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1777-02-14 |
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538 |
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096 |
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001 |
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Correspondence |
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Jeremy Bentham |
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