Coherent Identifier About this item: 20.500.12592/p0ksnw

Selection of Leading Cases for the use of B.L. Students - Law of Transfer Inter Vivos




By indenture dated 20th November 1835 made between Sabine of the first part Davis of the second part Brickenden of the third part Brickenden and Good of the fourth part and John Batten and Joseph Stone of the fifth part Sabine assigned to Batten and Stone all moneys coming to him under the decree of the 8th of May 1836 upon trust to apply the same in pament of the moneys due to Davis [...] In both these cases the doctrine really was that pending a litigation the defendant cannot by alienation affect the rights of the plaintiff to the property in dispute and the same principle is applicable against a plaintiff so as to prevent him from alienating to the prejudice of the defendant where from the nature of the suit he may have in the result a right igainst.the plaintiff as on a [...] The defendant adulate 1 that he was in possession of the property but alleged that the relation of lAndlord and tenant did not exist bAween him and the plaintiff ; that the plaintiff had never taken possession of the propcbt ty which he purchased ; that it was mortgaged to the defendant and that the defendant obtained a decree for the money due on the mortgage and purchased the property himself [...] The mortgagors were bound by the prceedings in that suit including the attachment the order for sale and the order of the Court confirming the sale ; and if the plaintiff is bound by them the defendant will have a good title against him in the same manner as he would have against the mortgagors whose interest the plaintiff purchased. [...] Where the transferee is a creditor of the transferor and accepts the transfer in satisfaction of the debt due to him though with the knowledge that his doing so has the effect of defeating other creditors of the transferor the transfer may come within the last paragraph of section 53 of the Transfer of Property Act.



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