Forms of Decrees in Equity and of Orders Connected with Them; With Practical Notes

Forms of Decrees in Equity and of Orders Connected with Them; With Practical Notes

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...the debtor will not affect property assigned by the debtor between the date of the judgment on which the charging order was obtained and the charging order: Scott v. L. Hastings, 4 K. & J. 633. And see Fish. Mort. 642, 668, and inf. "Mortgaged" Mere notice of the charging order, though left and entered in the Chancery Pay Office (formerly office of the Ace. Gen.), does not operate as a stop order to prevent a transfer of the fund; and is of no avail against a stop order on the fund afterwards obtained: Warburton v. Hill, Kay, 470. On the question whether a charging order, on stock standing in the name of a trustee in trust for the judgment debtor, gives the judgment creditor priority over a prior assignment without notice to the trustee, see Watts v. Porter, 3 E. & B. 743. The opinion of the majority of the Q. B. that the assignment without notice was inoperative as against the subsequent charging order, has been disapproved, and that of Erie, J., followed, in Beavan v. L. Oxford, 6 D. M. G. 492; Kinderlcy v. Jervis, 22 Beav. 1; Scott v. L. Hastings, 4 K. & J. 633; Pickering v. Ilfracombe By, L. B. 3 C. P. 235; E-obinson v. Nesbitt, Ib., 264; Gill v. Continental Oaf Co., L. E. 7 Ex. 332. It has been held that a charging order may be made on shares standing in the name of a mere trustee: Cragg v. Taylor, L. K. 1 Ex. 148; Fuller v. Hark, 7 Ex. 796; and see Wilson, 286. But it has been also held that if the judgment debtor in whose name the shares stand has no beneficial interest in them, the charging order nisi will not prevent a transfer: Gill v. Continental Gas Co., L. B. 7 Ex. 332. As stated by Erie, J., in Watts v. Porter, 3 Ell. & Bl. 758, a judgment creditor with a charging order gets all such remedies as (and more

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  • Paperback | 386 pages
  • 188.98 x 246.13 x 20.32mm | 689.46g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236545915
  • 9781236545916