Author: Sir John Peter de Gex

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 36

ISBN-13: 9781230176581

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ...16 W. R. 159, Court of Bankruptcy. 396. Where a deed under s. 192 of the Bankruptcy Act, 1861, conveys all the estate and effects of the debtor to trustees, to be held and administered by them for the benefit of the creditors, as if the debtor had been adjudicated bankrupt, the title of the trustees has, by virtue of s. 197, relation back; and they can bring trover for goods fraudulently transferred by the debtor before the execution of the deed, without doing any act to avoid the transaction. Exley v. Inglis, L. R. 3 Ex. 247. 397. Where a debtor has executed a deed in the form of schedule D to the Bankruptcy Aot, 1861, the Court of Bankruptcy has jurisdiction under s. 197 to order the trustee to pay a dividend to a creditor. Ex parte Delaunay, In re Pilling, L. R. 3 C. A. 258. 398. By a deed (duly registered) in the form given in schedule D to the Bankruptcy Act, 1861, to which the required majority of the creditors assented, B. assigned all his effects to a trustee, "to be applied and administered for the benefit of the creditors in like manner as if B. had been at the date thereof duly adjudged a bankrupt." Held, that the title of the trustee under s. 197 of that Act dated from the execution of the deed, and that a distress for rent levied between that time and the day of registration could not by reason of s. 129 of the Bankrupt Section Act, 1849, be made available for more than one year's rent. Williams v. 19' Cadbury, Law Rep. 2 C. P. 453, supra, No. 256, distinguished; Selby v. Greaves, L. R. 3 C. P. 594. See the cases referred to above, No. 362. 399. A deed of inspection by which nothing is conveyed, but containing a covenant by the debtor to convey, if required, and he has not been required so to do, is not such a deed...