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.
1857 Excerpt: ... and even mere expectancies of heirs were and are
still frequently sup--, ported, (a) for such transfers are
considered either as a permission L J to act as the agent or
attorney of the other in recovering the matter transferred, even
though there is no express power of attorney, or as a contract
entitling the assignee to sue in equity in his own name and enforce
the right directly against the person witholding it, whether such
person has assented or not, making the assignor (except where his
interest was only equitable, or has been completely assigned, ) a
party to the proceedings as well as the person against whom relief
is sought. (6) Where, however, the assignee has no difficulty in
recovering the right at law, or can better do so there by suing in
the assignor's name, he should not apply to the court of equity;(c)
and assignments of contingent interests, possibilities and
expectancies, are treated in equity as contracts to assign as soon
as the interest becomes vested, and will then be enforced, and any
thing said or done with the design of appropriating a chose in
action, or right, in favour of another, amounts to an equitable
assignment; but notice of the assignment should immediately be
given to the debtor or person in possession of the right of
property, whether as trustee or otherwise, or a subsequent assignee
by giving notice may obtain priority, or the debt, right or
interest, may be previously paid or discharged, which, after
notice, could not be done, to the injury of the assignee.(d) Not
only is the assignee of a chose in action entitled to all the
remedies of the assignor, but takes also subject to all the
equities it was liable to in his hands, for the assignor cannot
generally give more than he possesses, so that any vice which
aifected the .
|Country of origin:
Thomas Archibald Roberts
||246 x 189 x 5mm (L x W x T)
||Paperback - Trade
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