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" With respect to sales by executors, if not made collusively, the purchaser is not bound to see to the application of the purchase-money. "
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... - Page 116
1839
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A Practical Treatise of the Law of Vendors and Purchasers of Estates

Edward Burtenshaw Sugden - Vendors and purchasers - 1805 - 512 pages
...or orders an estate to be sold for payment of debts generally, and then makes specific dispositions, the purchaser is not bound to see to the application of the purchasemoney. This point may be considered as settled upon principle, as well as authority. For although a mere charge...
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A Practical Treatise [o]f the Law of Vendors & Purchasers of Estates

Edward Burtenshaw Sugden - Vendors and purchasers - 1818 - 862 pages
...or orders an estate to be sold for payment of debts generally, and then makes specific dispositions, the purchaser is not bound to see to the application of the purchase-money. This point may be considered as settled upon principle, as well as authority. For although a mere charge...
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An Essay in a Course of Lectures on Abstracts of Title: To ..., Volume 3

Richard Preston - Abstracts of title - 1819 - 600 pages
...is to be raised to pay the trustees expenses. Where the trust is for payment of debts generally, a purchaser is not bound to see to the application of the purchase-money, although he has notice of the debts, as a purchaser cannot be expected to see to the due observance...
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An Essay in a Course of Lectures on Abstracts of Title: To ..., Volume 3

Richard Preston - Abstracts of title - 1819 - 594 pages
...is to be 'raised to pay the trustees expenses. Where the trust is for payment of debts generally, a purchaser is not bound to see to the application of the purchase-money, although he has notice of the debts, as a purchaser cannot be expected to see to the due observance...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 4

Great Britain. Court of Chancery, William Brown - Equity - 1820 - 400 pages
...who, at the hearing, (7) said nothing was more clear, than that, in general, an executor may sell, and that the purchaser is not bound to see to the application of the money ; but if there is any fraud, then the purchaser is bound. He said he could not accede to...
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Cases Argued and Adjudged in the High Court of Chancery ..., Volume 2; Volume 15

Great Britain. Court of Chancery, John Raithby - Equity - 1828 - 976 pages
...by their particular circumstances ; '.idly, (as a general principle) that in purchase from executor, the purchaser is not bound to see to the application of the purchase-money; and, 3dly, that if fraud or collusion between executor and purchaser, then, upon the known principle...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 3

Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - Equity - 1834 - 772 pages
...and Mr. Roupell, contra. Is is only where the charges Uj:on real estate are of an indefinite nature that the purchaser is not bound to see to the application of the purchase-money; if the charges are specified, if they are ascertained, or ascertainable, the purchaser buys at his...
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Minutes of Cases Argued and Determined in the High Court of ..., Volumes 1-2

Great Britain. Court of Chancery, Ross Donnelly - Equity - 1837 - 344 pages
...(treating the charge as a trust in that case, and treating it as a rule, that where the charge is general, the purchaser is not bound to see to the application of the purchase-money,) expresses himself thus : — " Though a general charge does not make the purchaser before the suit...
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The Law Review and Quarterly Journal of British and Foreign ..., Volume 1

International law - 1845 - 550 pages
...or orders an estate to be sold for payment of debts generally, and then makes specific dispositions, the purchaser is not bound to see to the application of the purchase-money. It is just the same as if the specific bequests were out of the will." Seeing no reason to differ from...
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A Complete Series of Precedents in Conveyancing and of Common and Commercial ...

George Crabb - Conveyancing - 1845 - 802 pages
...discharge, Crew v. Dicken, 4 Ves. 97. 6. Where an estate is to be sold for the payment of debts generally, the purchaser is not bound to see to the application of the purchasemoney ; but where the debts are scheduled, he is bound so to do, unless the deed, from the terms of it, exonerates...
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