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<p>to take <hi rend="underline">half</hi> the Lands <add>& | <p>to take <hi rend="underline">half</hi> the Lands <add>&</add> and keep them till the profits have discharged | ||
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the debt. This would leave the mortgage to take place only | the debt. This would leave the mortgage to take place only | ||
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with respect to half. And another <foreign>Elegit</foreign> upon another | with respect to half. And another <foreign>Elegit</foreign> upon another Judgement | ||
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would take in like manner half of that half. | would take in like manner half of that half. | ||
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He told me they were both settled. That in that in which <unclear>Burden</unclear> | He told me they were both settled. That in that in which <unclear>Burden</unclear> | ||
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was concerned there <del>was an account</del> <add>were <unclear><hi rend="underline"> | was concerned there <del>was an account</del> <add>were <unclear><hi rend="underline">mutual</hi></unclear> debts</add> between him and the | ||
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other party; that they came to an account and it was found that | other party; that they came to an account and it was found that | ||
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there was a | there was a <sic>ballance</sic> of £5 in favor of W. himself: and so | ||
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that matter was made an end of. That with regard to the other | that matter was made an end of. That with regard to the other | ||
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For the effect of a Judgement to be entirely taken off, it is necessary | For the effect of a Judgement to be entirely taken off, it is necessary | ||
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that <hi rend="underline">"satisfaction be <sic>enter'd</sic> on the Record"</hi>. He owned it | |||
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was not, nor <del>he</del> was it <unclear>usual</unclear> in <unclear>their</unclear> <sic>practise</sic>. This I believe: | was not, nor <del>he</del> was it <unclear>usual</unclear> in <unclear>their</unclear> <sic>practise</sic>. This I believe: | ||
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it. The performance <add>of it</add> you are to understand depends in | it. The performance <add>of it</add> you are to understand depends in | ||
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the first instance upon the Att<hi rend="superscript">y</hi> on the other side. However he | the first instance upon the Att<hi rend="superscript">y</hi>. on the other side. However he | ||
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said he did not make a doubt of his being able to get <del>the</del> <add>a</add> | said he did not make a doubt of his being able to get <del>the</del> <add>a</add> | ||
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I had a reason for this. I find that notwithstanding M<hi rend="superscript">rs</hi> W. | I had a reason for this. I find that notwithstanding M<hi rend="superscript">rs</hi> W. | ||
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has been in town <gap/> no Fine has <add>yet</add> been levied. However | has been in town <gap/> no <unclear>Fine</unclear> has <add>yet</add> been levied. However | ||
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the Mortgage will be good I believe although the Fine be not levied | the Mortgage will be good I believe although the <unclear>Fine</unclear> be not levied | ||
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till afterwards. | till afterwards. | ||
to take half the Lands & and keep them till the profits have discharged
the debt. This would leave the mortgage to take place only
with respect to half. And another Elegit upon another Judgement
would take in like manner half of that half.
This made it necessary for me to ask W. about the Judgements
you mentioned: I did not tell him from whence I heard of them.
He told me they were both settled. That in that in which Burden
was concerned there was an account were mutual debts between him and the
other party; that they came to an account and it was found that
there was a ballance of £5 in favor of W. himself: and so
that matter was made an end of. That with regard to the other
debtor he was satisfied by W's getting another person to be
bound for him- so that debt upon his own sharing is still
subsisting.
For the effect of a Judgement to be entirely taken off, it is necessary
that "satisfaction be enter'd on the Record". He owned it
was not, nor he was it usual in their practise. This I believe:
nor do I think there are many country Attornies who in his
situation would on his account have made a point: nor probably are there many
who if acting on behalf of Mrs A. would have thought of exacting
it. The performance of it you are to understand depends in
the first instance upon the Atty. on the other side. However he
said he did not make a doubt of his being able to get the a
proper authority from the persons concerned: which done
he would come to town himself to make the entry. I told him
I had a curiosity to see that point of practise and if he would
let me know should be glad to go with him. He said he would.
I had a reason for this. I find that notwithstanding Mrs W.
has been in town no Fine has yet been levied. However
the Mortgage will be good I believe although the Fine be not levied
till afterwards.
You will ask me what is this last sum which upon his own
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Identifier: | JB/538/105/001"JB/" can not be assigned to a declared number type with value 538. |
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1777-??-?? |
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538 |
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105 |
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001 |
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Correspondence |
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Jeremy Bentham |
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