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.
1881 Excerpt: ...him to relief on the ground of pressure or
mistake. Lush, L.J.: --I am of the fame opinion, and cannot account
for the misappre tension under which the Appellant has laboured.
Sect. 10 of the Judicature Act, 1875, clearly makes this case
subject to the rules in bankruptcy. The Bankruptcy Kules 78, 99,
100, and 101, are exceedingly plain, and they are to be applied to
administration of the assets of a deceased person. Under rule 78
the Appellant might have had his security sold and proved for the
deficiency, but he did not choose to do so. He then might either
Iteep his security and abandon his proof, or set a value on
his.security and prove for the balance. He chose the latter course,
and was admitted as a creditor for the balance. When he came to
sell he found he had made a mistake, and now wishes to increase iis
proof. What is to be done if a creditor nnder rule 99 values his
security too high? Rule 101 is express that the proof is not to be
increased. The Plaintiff had sent in a claim for the whole amount.
When the Chief Clerk had to make the certificate of debts, the
mistake being pointed out, he said that the Plaintiff must value
his security and prove only for the difference. There was nothing
in this to be called pressure, the Chief Clerk did no more than he
was bound to do. C. A. 1881 In re Hopkins, Williams v. Hopkins.
Lush, L.J. PALMER v. LOCKE. C.A. 1879 P. 250. 1881 M. K.
Bankruptcy--Liquidation--Estate of Trustee--Notice of Assignment of
Chose in April 29, Action--Priority--Stop Order--Bankruptcy Act,
1849, s. 141--Bankruptcy Act, 1869, s. 22--Vendor and
Purchaser--Doubtful Title. A legatee of a reversionary interest
under a will, which had been paid into Court in an administration
suit, presented a petition for liquidation in March, 1873, and a..
|Country of origin:
Great Britain High Division
||246 x 189 x 15mm (L x W x T)
||Paperback - Trade
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