A Manual of Equity Jurisprudence; Specially Designed for the Use of Law Schools and of the Practising Lawyer, Comprising the Fundamental Principles, and the Points of Equity Usually Occurring in General Practice

A Manual of Equity Jurisprudence; Specially Designed for the Use of Law Schools and of the Practising Lawyer, Comprising the Fundamental Principles, and the Points of Equity Usually Occurring in General Practice

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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. 1871 edition. Excerpt: ...assignor himself, and in order to acquire by assignment a complete title to a chose in action, as against assignees in bankruptcy or insolvency, or as against subsequent purchasers or incumbrancers, who might otherwise be deceived by apparent possession and ownership remaining in a person who in fact is not the owner, or, in the case of voluntary assignments, even as against the assignor himself. Hence notice of the assignment of a debt should be given to the debtor; and if a bond is assigned, it ought to be delivered over to the assignee. (St. 1047; 2 Sp. 855-857; Ryall v. Rowles, 2 Lead. Cas. Eq. 2d ed. 615 et seq.; and remarks of Turner, L. J., in E1: parte Boulton, 1 D. & J. 178--179; Jrlolroyd v. Marshall, 2 Gif. 382; 2 D. F. & J. 596; 10 H. L. Cas. 192; Stansfield v. Cubitt, 2 D. & J. 222.) Notice of the assign Trr. II. CaP. VIII. What must be done to obtain quasi posdsession un. er an assig nment. TIT. IT. CAP. VIII. ment ofa policy ofinsurancc must be given to the insurance ofifiee. (Coote, Mortg. 3d ed. 231; Thompson v. Tomkins, 2 Dr. & Sm. 8.) In all assignments of equitable interests other than equitable estates, he who gives formal notice to the holder of the fund has priority over him who does not. In general, notice to one of several obligors or trustees is suflicient. (Coote, Mortg. 3d ed. 231; Browne v. Savage, 4 Drew. 635; Willes v. Greenhill (No. 1, 2), 29 Beav. 376, 387, affirmed on appeal; Bridge v. Beadon, L. R. 3 Eq. Cas. 664; Lloyd v. Banks, -L. R. 4 Eq. Cas. 222; In re Brown's Trusts, L. R. 5 Eq. Cas. 88.) Where stock standing in the name of a trustee is assigned, and notice cannot be given to the trustee, he who first obtains a distringas on the stock will have a priority. Where a sum...show more

Product details

  • Paperback | 106 pages
  • 189 x 246 x 6mm | 204g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236887727
  • 9781236887726