Irish Equity Reports Argued and Determined in the High Court of Chancery; The Rolls Court, and the Equity Exchequer Volume 9

Irish Equity Reports Argued and Determined in the High Court of Chancery; The Rolls Court, and the Equity Exchequer Volume 9

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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. 1847 edition. Excerpt: ...and to have called on that Court to appoint a new assignee, if he could show that the assignee had acted fraudulently, instead of leaving the assignee, whom he alleges to have acted fraudulently, to wind up the affairs. He had a complete remedy in the Insolvent Court by discharging the assignee. I think the assignee acted banefide, correctly and honestly. But if the plaintiff could have proved that he acted otherwise, he might have had him discharged, and had a proper one appointed. The plaintiff has filed this bill for a matter within the jurisdiction of that Court. Vhile relief could be had in the Insolvent Court, the creditor had no business to come here. This Court does nm allow a party, vainly and: without sufiieient foundation, to change the jurisdiction. The Insol-vent Court had perfect jurisdiction. It could have stopped the sale; it could have directed new conditions of sale, or the time at which the sale should take place, and could have removed impediments to a fair sale, if any existed. If the conditions of sale were improper, why not go to the Insolvent Court and require them to be expunged? This Court does not sit here to settle conditions of sale under the direction of the Insolvent Court. Instead of going there, the plain.tifl' files this oppressive bill, I think it perfectly clear, without a shadow of foundation in the want of jurisdiction. Therefore I shall dismiss with costs so much of it as seeks to impeach the sale of the rest of the property. The bill being framed in point of fact on these charges of fraud and the equity arising out of them, and those charges having been disproved, I should be justified in dismissing the whole bill with costs, without going into the other parts of the case. But I think it...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123696098X
  • 9781236960986