The Rights and Remedies of Creditors Respecting Their Debtor's Property
The Rights and Remedies of Creditors Respecting Their Debtor's Property

Author: Garrard Glenn

Publisher: Legare Street Press

Published: 2022-10-27

Total Pages: 0

ISBN-13: 9781016513760

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Rights and Remedies of Creditors Respecting Their Debtor's Property (Classic Reprint)
The Rights and Remedies of Creditors Respecting Their Debtor's Property (Classic Reprint)

Author: Garrard Glenn

Publisher:

Published: 2015-07-12

Total Pages: 522

ISBN-13: 9781331252665

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Excerpt from The Rights and Remedies of Creditors Respecting Their Debtor's Property The following chapters contain the substance of a special course of lectures delivered at the Law School of Columbia University, on the rights of creditors respecting their debtors property. The aim of these lectures was to harmonize, as far as possible, the various statutes and doctrines which are scattered through the body of our law so as to demonstrate the system afforded by our jurisprudence for the realization of debts out of the debtors property. I now offer these labors in completed form as an aid to the study of this system as a whole, and of the relation which each part of the system bears to the others. I have not attempted an exhaustive discussion of any particular branch of the general subject. That would have obscured the single purpose for which the work was undertaken, and would do no special good, since many books have long since been written on all these different topics, ranging from treatises on executions to volumes on bankruptcy and receivers. But because, so far as I have gathered, none of these books attempts the task of synthesis to which the work that here follows is devoted, the present effort is put forth for what it may be worth to the student of our law and his brother of the bar as well. Some of the ideas advanced in this book I have already suggested in the course of various articles which I have written for the Columbia Law Review, and my indebtedness to the writings of others is, I hope, sufficiently indicated by the marginal references in the course of the following pages. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Rights and Remedies of Creditors Respecting Their Debtor's Property
The Rights and Remedies of Creditors Respecting Their Debtor's Property

Author: Garrard Glenn

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 166

ISBN-13: 9781230857572

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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. 1915 edition. Excerpt: ...doubt whether he would be entitled to keep the property as against a trustee in bankruptcy if he received the transfer after he had acquired notice of the transferor's insolvency, since it might be avoided as a preferential transfer in a jurisdiction which does not attribute the qualities of a trust to the after-acquired property clause, of which we are about to speak. Nevertheless the courts sitting in such States have uniformly refused to adopt such a view, and have considered this intervenient act as not capable of constituting a preferential transfer under any circumstances.2 But it may well be questioned whether these decisions are still possessed of their former strength, since of late the Supreme Court has come fully to the point of saying that a transfer for a past consideration is preferential, unless either the necessary elements of a preference do not exist or the agreement is such that a court of equity would force the specific performance of its terms.3 261. The Clause in the Light of Equity. That brings us to the consideration of this clause in the light of equity jurisprudence. While undoubtedly one cannot grant what he has not, it is also clear that one may make such an agreement with regard to the disposition of property, present or future, as would justify an equity court in enforcing specific fulfillment of the obligations thus assumed. In such a case there exists, with respect to the property from the moment of its acquisition, 1 Barton v. Sitlington, 128 Mo. 164, 30 S. W. 514. 2 Thompson v. Fairbanks, 196 U. S. 516, 25 S. Ct. 306; Chase v. Denny, 130 Mass. 566; Gilbert v. Vail, 60 Vt. 261, 14 Atl. 542. 3 See infra, Ch. XX. Cf. these remarks of Mr. Justice Holmes in Greey v. Dockendorff, 231 U. S. 513; 34 S. Ct....