A Treatise on Fraudulent Conveyances and Creditor's Remedies at Law and in Equity: Including a Consideration of the Provisions of the Bankruptcy Law Applicable to Fraudulent Transfers and the Remedies Therefor, and the Procedure of Trustees in Bankruptcy in Actions Either in State Or Federal Courts for the Recovery of Property Fraudulently Transferred by the Bankrupt, Том 2M. Bender, 1908 - 1302 страница |
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Страница 506
... rule as to necessity of judgment . 777 34. Sufficiency of judgment generally .. 779 35. Effect of foreign judgment ... Rule where judgment is not per se a lien ... 787 789 791 791 791 792 46. Rule where creditor has acquired a lien .. 47 ...
... rule as to necessity of judgment . 777 34. Sufficiency of judgment generally .. 779 35. Effect of foreign judgment ... Rule where judgment is not per se a lien ... 787 789 791 791 791 792 46. Rule where creditor has acquired a lien .. 47 ...
Страница 516
... to record or file instrument in general . 38. Rule as to conveyance of real estate . 39. Growing crops . 40. Burden of proof . Section 1. Retention of possession as element or evidence of 516 FRAUDULENT CONVEYANCES .
... to record or file instrument in general . 38. Rule as to conveyance of real estate . 39. Growing crops . 40. Burden of proof . Section 1. Retention of possession as element or evidence of 516 FRAUDULENT CONVEYANCES .
Страница 517
... rule of evidence , as well as for legislatures to decide upon as a rule of policy . In some states the subject is regulated by statutes , which have been variously interpreted , while in other states the question is deter- mined ...
... rule of evidence , as well as for legislatures to decide upon as a rule of policy . In some states the subject is regulated by statutes , which have been variously interpreted , while in other states the question is deter- mined ...
Страница 518
... rule now prevails , held that a transfer of personal property , unaccompanied by a corresponding change of possession , was fraudulent per se , and void as to credi- tors . But the rule now maintained by the weight of American authority ...
... rule now prevails , held that a transfer of personal property , unaccompanied by a corresponding change of possession , was fraudulent per se , and void as to credi- tors . But the rule now maintained by the weight of American authority ...
Страница 523
... rule , is a question of fact for the consideration of the jury , under appropriate instructions from the court , and facts in explanation of the transaction. 233 , 34 Am . Rep . 631 ; Sarle v . Arnold , 7 R. I. 582 ; Anthony v . Wheatons ...
... rule , is a question of fact for the consideration of the jury , under appropriate instructions from the court , and facts in explanation of the transaction. 233 , 34 Am . Rep . 631 ; Sarle v . Arnold , 7 R. I. 582 ; Anthony v . Wheatons ...
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Друга издања - Прикажи све
A Treatise on Fraudulent Conveyances: And Creditors' Remedies at Law and in ... DeWitt C Moore Приказ није доступан - 2019 |
A Treatise on Fraudulent Conveyances: And Creditors' Remedies at Law and in ... Dewitt Clinton Moore Приказ није доступан - 2015 |
A Treatise on Fraudulent Conveyances: And Creditors' Remedies at Law and in ... Dewitt Clinton Moore Приказ није доступан - 2015 |
Чести термини и фразе
act of bankruptcy aff'd aff'g alleged assignment attachment Bank Bankr bankrupt Barb bill bona fide purchaser change of possession chap claim Clark Colo Conn consideration court of equity cred credi debt debtor deed defendant defraud creditors defraud his creditors enforce erty evidence execution fact fraud of creditors fraudulent conveyance fraudulent grantee fraudulent intent fraudulent transfer fraudulently conveyed grantor held hinder insolvent intent to defraud Iowa itors Jones judgment creditor judgment debtor jurisdiction knowledge land levy lien Mass Minn Miss mortgagor N. J. Eq N. Y. Supp notice Ohio St paid pari delicto parties payment plaintiff preference preferred creditor prop rev'g rule secure Smith statute subsequent sufficient suit supra Tenn tion transaction trustee valid vendee vendor veyance void wife
Популарни одломци
Страница 1149 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Страница 1086 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Страница 1220 - And for the purpose of such recovery any court of bankruptcy, as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction.
Страница 1206 - Courts shall have jurisdiction of all controversies at law and in equity, as distinguished from proceedings in bankruptcy, between trustees as such and adverse claimants concerning the property acquired or claimed by the trustees, in the same manner and to the same extent only as though bankruptcy proceedings had not been instituted and such controversies had been between the bankrupts and such adverse claimants.
Страница 1111 - ... such levy, judgment, attachment, or other lien shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as aforesaid. And the court may order such conveyance as shall be necessary to carry the purposes of this section into effect: Provided, That nothing herein contained shall have the effect to destroy or impair the title obtained by such levy, judgment, attachment, or other lien, of a bona fide purchaser...
Страница 1149 - If a creditor has been preferred, and afterwards in good faith gives the debtor further credit without security of any kind, for property which becomes a part of the debtor's estate, the amount of such new credit remaining unpaid at the time of the adjudication in bankruptcy may be set off against the amount which would otherwise be recoverable from him.
Страница 1110 - A lien created by or obtained in or pursuant to any suit or proceeding at law or in equity, including an attachment upon mesne process or judgment by confession, which was begun against a person within four months before the filing of a petition in bankruptcy...
Страница 1081 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them...
Страница 1125 - ... with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair consideration...
Страница 1151 - ... to obtain a greater percentage of his debt than any other creditor of the same class...