The Victorian Reports Volume 23 (Paperback)

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. 1898 edition. Excerpt: ... document, I feel unable to say that it was signed at the foot or end thereof. I refuse the application. Motion "refused. In an action under sec. 72 of the Insolvency Act 1890, parol evidence is admissible to prove that a transfer of certain land made by a father to his son, and expressed upon its face to be made in consideration of natural love and affection, was in reality made bondfizle and for valuable consideration. A verbal promise by a son to maintain his parents for the remainder of their lifetimes is a sufficient consideration to support a transfer of certain land by the father to the son, so as to take such transfer, though made within five years of the insolvency of the father, out of the provisions of sec. 72 of the Insolvency Act 1890. Hance v. Harding (20 Q.B.D. 732) applied. ACTION. The plaintiff, a trustee in insolvency, brought an action against the defendant, the transferee of land transferred to him by his father, the insolvent, to set aside the transfer. The transfer was expressed to be in consideration of natural love and affection, and was executed within five years of the transferor's insolvency. A The further facts may be sufficiently gathered from the judgment. Deakin for the plaintiff. Wasley for the defendant. Cur. adv. vult. A'BECKET1', J., read the following judgment: --An action by a trustee in insolvency against the transferee of land transferred to him by his father, the insolvent, by transfer expressed to be in consideration of natural love and affection. The transfer was made 14-th January 1895. The father's estate was compulsorily sequestrated on the 10th of June 1897. The plaintiff relies upon sec. 72 of the Insolvency Act 1890, which avoids a settlement made within five...