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<p>But the truth is it may make a great deal. This | <p>But the truth is it may make a great deal. This mode of <sic>convey ance</sic> | ||
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would not be so beneficial to M<hi rend="superscript">rs</hi> A. as the other. You must take my | would not be so beneficial to M<hi rend="superscript">rs</hi> A. as the other. You must take my | ||
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word for it for the reasons are too | word for it for the reasons are too abstruse and technical for me | ||
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to pretend to give you here. I asked him how he came to | to pretend to give you here. I asked him how he came to choose | ||
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this method of <sic>convey ance</sic>. He told me to save <sic>expence</sic>: the truth is | this method of <sic>convey ance</sic>. He told me to save <sic>expence</sic>: the truth is | ||
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up at any time. I told him not without a fresh execution: for | up at any time. I told him not without a fresh execution: for | ||
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if it could be proved that such insertion bended to the | if it could be proved that such insertion bended to the prejudice of | ||
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<sic>any body</sic> (which might be the case with respect to the judgement | <sic>any body</sic> (which might be the case with respect to the judgement | ||
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creditors a man would run <gap/> a risk of its being deemed a forgery | |||
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<p><del>I have this much</del> All this makes it necessary to have a fresh deed; | <p><del>I have this much</del> All this makes it necessary to have a fresh deed; | ||
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get a copy taken from the Agreement M<hi rend="superscript">rs</hi> A. has: in order that the | get a copy taken from the Agreement M<hi rend="superscript">rs</hi> A. has: in order that the | ||
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substance of it may be | substance of it may be executed. I did not let him know that I | ||
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had seen it. I forgot to | had seen it. I forgot to desire that M<hi rend="superscript">rs</hi> D. might copy it. This | ||
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were best because it is with her that I am supposed to correspond | were best because it is with her that I am supposed to correspond | ||
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<p>He says, and I do believe he is right that the <hi rend="underline">Mortgage</hi> will have | <p>He says, and I do believe he is right that the <hi rend="underline">Mortgage</hi> will have | ||
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relation back to the time of the agreement. But then to give it that | |||
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effect in case of a dispute it would be necessary I fear to go into | effect in case of a dispute it would be necessary I fear to go into | ||
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a Mortgage; not as a Mortgage of itself. But I am very strongly | a Mortgage; not as a Mortgage of itself. But I am very strongly | ||
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inclined to think that as against any posterior | inclined to think that as against any posterior incumbrances | ||
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it would be good in the latter capacity. And in this case <del>my</del> the Judgements | it would be good in the latter capacity. And in this case <del>my</del> the Judgements | ||
5.
But the truth is it may make a great deal. This mode of convey ance
would not be so beneficial to Mrs A. as the other. You must take my
word for it for the reasons are too abstruse and technical for me
to pretend to give you here. I asked him how he came to choose
this method of convey ance. He told me to save expence: the truth is
it does save a few shillings in the expence. He acknowledged
that the other mode was the proper one if I thought it necessary.
4. He left a blanks for the date only saying in general that it
was the date of the agreement. He thought those blanks might be filled
up at any time. I told him not without a fresh execution: for
if it could be proved that such insertion bended to the prejudice of
any body (which might be the case with respect to the judgement
creditors a man would run a risk of its being deemed a forgery
I have this much All this makes it necessary to have a fresh deed;
or rather set of Deeds. And it is for this purpose that you must
get a copy taken from the Agreement Mrs A. has: in order that the
substance of it may be executed. I did not let him know that I
had seen it. I forgot to desire that Mrs D. might copy it. This
were best because it is with her that I am supposed to correspond
in this occasion. Besides it is her business and she has less writing
in her hand than you have.
He says, and I do believe he is right that the Mortgage will have
relation back to the time of the agreement. But then to give it that
effect in case of a dispute it would be necessary I fear to go into
a Court of Equity: which I have told you before now is much more
expensive than a Court of Law. I mean upon supposition that the
writing so often mentioned can operate only as an Agreement to execute
a Mortgage; not as a Mortgage of itself. But I am very strongly
inclined to think that as against any posterior incumbrances
it would be good in the latter capacity. And in this case my the Judgements
if posterior as I think they must be to that time, could not
hurt us: But the best way is to make sure.
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Identifier: | JB/538/108/001"JB/" can not be assigned to a declared number type with value 538. |
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1777-03-14 |
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538 |
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108 |
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001 |
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Correspondence |
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Jeremy Bentham |
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