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, Volumen2

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M. Bender, 1908 - 1302 páginas

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Subsequent possession by vendor after change of possession
535
Possession by vendor as agent or bailee of purchaser
536
Possession by vendor as clerk or servant of purchaser
537
Possession by vendor as lessee of purchaser
538
Constructive and symbolical delivery
539
Where actual delivery is impossible or property is not susceptible of complete manual delivery
540
Bulky cumbersome and ponderous articles
542
Property in possession of third party as bailee
543
Grain stored in elevator
545
Possession by agent or servant of vendor
546
Intangible property
547
Delivery of bill of sale
548
Delivery to common carrier
549
Separation or marking of property purchased
550
Time of delivery Must be within reasonable time
551
Change of possession before levy
552
Assignment in trust for creditors
553
Possession remaining with mortgagor
554
Effect of retaining vendors sign
555
Notice of transaction Publicity and notoriety
556
Effect of knowledge or notice as to existing creditors
558
Constructive notice and want of it Recording instrument of transfer
559
Rule as to conveyance of real estate
562
Growing crops
565
Burden of proof
567
CHAPTER XIII
568
Intent to defraud one or more creditors
575
Accomplishment of purpose
576
Knowledge and intent of grantee Effect of want of knowl edge or notice where transfer is for a valuable considera tion
577
PAGE
581
voluntary
584
Effect of knowledge or notice where transfer is to one not a creditor
587
Effect of proper application of proceeds
591
Effect of knowledge or notice where transfer is to a cred itor Participation in fraudulent intent where debt is sole consideration
592
Participation in fraudulent intent where debt is only part of consideration
602
Recital of false consideration
605
When creditors intent is immaterial
606
Participation of trustee imputable to beneficiary
607
Participation of one creditor imputable to all
608
Duty to see to application of proceeds of property
611
Knowledge of facts to put on inquiry
615
Mere suspicion
616
Matters of common or general knowledge
617
Inadequacy of consideration
619
Sale of business and entire stock of goods
621
Knowledge or notice of the pendency of suits against the grantor
622
Knowledge that debtor is about to abscond
623
Knowledge of or notice to agent
624
Knowledge or notice implied from relation of parties
625
Transactions founded on consideration
626
CHAPTER XIV
629
Validity of transaction as between original parties
630
Right to impeach or rescind transaction as fraudulent
638
Where parties are not in pari delicto
643
Mutual rights and liabilities Effect of transaction as to property rights in general
645
As to title subsequently acquired
647
Adverse possession as between grantor and grantee
648
Effect of setting aside conveyance
649
Effect of voluntary conveyance
653
Right to redeem property transferred as security
654
Enforcement of fraudulent contract or conveyance in general
655
Enforcement of fraudulent mortgage
656
Enforcement of trust for grantor in general
657
Purchase at execution sale for benefit of debtor
659
Right to proceeds or profits
660
Right to enforce payment of consideration
661
Enforcement of note given as consideration
662
Recovery by grantee of consideration paid
663
Rights and liabilities of several grantees inter se
664
Contribution between several grantees
665
Rights of maker of note fraudulently transferred
667
Rights and liabilities of grantees as to creditors and sub sequent purchasers As to creditors As to property and proceeds thereof
669
Right to require resort to other property
672
Intermingled goods
673
Right to growing crops
674
Several fraudulent transactions
675
Right of grantee to attack execution sale
676
Right of grantee to pay creditors claim and retain prop erty
677
Personal liability of grantee in general
678
Conveyances in name of third person
681
Liability as to property never in possession
684
Liability as garnishee
685
Rents issues and profits
687
Interest
689
Reimbursement of consideration and expenditures indem nity and subrogation in case of constructive fraud
690
Where conveyance is actually fraudulent
694
Care of property and expenses in general
698
Compensation for improvements
700
Purchase of judgment against grantor
701
Title subsequently acquired by grantee
702
Nature and extent of consideration in general
705
Rights and liabilities of grantees as to subsequent pur chasers
707
Rights and liabilities of purchasers from grantee generally
708
Rights and liabilities as to original grantor
709
Rights and liabilities as to original grantee
710
Rights and liabilities as to creditors of original grantor
711
Mortgage or conveyance to creditors of grantor
713
Rights and liabilities of bona fide purchasers from grantee generally
714
Notice
715
Consideration
718
Rights and liabilities as to original parties
719
CHAPTER XV
729
to be reached
752
to execution
764
Action by personal representative after death of grantor
765
Action by creditor after death of grantor
766
Relief in equity on theory of resulting trust
767
Jurisdiction with respect to transfers of personal property
768
Conditions precedent Necessity of exhausting legal remedy generally
770
Necessity of judgment in general
772
Statutory modification of rule as to necessity of judgment
777
Sufficiency of judgment generally
779
Effect of foreign judgment
780
Effect of judgment of justice of the peace
781
Effect of having acquired lien by attachment
782
Effect of lien acquired otherwise than by judgment or attachment
785
Nonresidence of debtor or absence from jurisdiction
787
Enforcement of claims against estates of decedents
789
Adjudication equivalent to judgment
791
Rule where judgment is not per se a lien
792
Rule where creditor has acquired a lien
793
Necessity of levy of execution
795
Rule where action is brought in aid of execution or legal remedy
798
Sufficiency of return
799
Effect of return of execution as evidence
801
Issuance and return of execution against decedents estate
802
Necessity of lien in general
803
Necessity of exhausting other assets of debtor
805
Exhaustion of estate of deceased debtor
808
Reimbursement of grantee or other creditors
809
Joinder of causes of action
810
Jurisdiction of the person and cause of action
812
Venue
813
Parties plaintiff
814
Parties defendant in general
816
Grantor or debtor as defendant
819
Representatives of grantor or debtor
820
SEC on 66 Cograntors or coobligors 82
822
Intermediate grantees
824
Purchasers from grantee
825
Preferred creditors under trust deed
826
Defenses in general
828
Impeachment of creditors claim or judgment
829
Effect of judgment obtained by creditor
830
Effect of judgment in absence of fraud or collusion
831
Alternative defenses
832
Nature of action
834
Accrual of right of action
835
Prior establishment of creditors claim
837
Laches
839
CHAPTER XVI
841
Statutory provisions
845
Right to sue in general Existence of creditors claim
846
Time when claim accrued
847
Ownership and description of property conveyed
848
Nature and execution of conveyance
850
Insolvency of debtor or want of assets other than property conveyed
851
Necessity of alleging facts constituting fraud
855
Facts need not be minutely alleged
858
Fraudulent intent of grantor
859
Knowledge and intent of grantee
860
Fraudulent intent and knowledge as to subsequent creditors or purchasers
862
Suing in behalf of all creditors
863
Excusing laches
864
Pleading evidence
865
Prayer for relief
866
Multifariousness
868
Amendments
871
Supplemental pleadings
872
Demurrer
873
Cross bill
875
Voluntary conveyance
876
Purchaser from fraudulent grantee
877
Justifying seizure
878
Replication
880
Venue
881
Issues proof and variance generally
882
Under a general denial
883
Confession and avoidance
885
Disclaimer
886
Consideration
903
Knowledge and intent of grantee
906
Retention of possession
910
Reservations and trust for grantor
911
Intent to defraud subsequent purchasers
912
Presumption from failure to testify or produce evidence
913
16 Admissibility and relevancy of evidence in general
914
Financial condition of parties
919
Pendency or threat of action
921
Statements of debtor as to financial condition
923
Subsequent conduct of parties and persons interested
926
Testimony of parties as to their motive purpose or intent
927
Fraudulent instrument or conveyance
928
Admissibility of pleadings in evidence
929
Plaintiffs right to sue
930
Attack on plaintiffs right to sue
932
Indebtedness of grantor
933
Solvency or insolvency of grantor
935
Consideration in general
937
Statements of parties Books of accounts
940
Recitals in instrument of transfer
941
Knowledge and intent of grantee generally
942
Knowledge of grantors indebtedness or insolvency
944
Testimony of grantee as to his own knowledge or intent
945
Participation in fraudulent intent
946
Separate conveyances or transactions
947
Good faith of purchaser from grantee
948
Title to or control of property
949
Retention or change of apparent title or control
950
Weight and sufficiency of evidence generally
951
Circumstantial evidence
953
Evidence of plaintiffs right to sue
955
Adjudication of creditors claim
956
Pleadings
957
Nature and circumstances of transaction generally
958
Transactions between relatives
964
Indebtedness and insolvency of grantor
969
Consideration
970
Intent of grantor to defraud creditors
975
Knowledge and intent of grantee or purchaser from grantee
978
CHAPTER XVIII
982
Submission of issues to jury
983
Reference and accounting
984
Questions for jury Questions of law and fact Fraudu lent intent in general 085
985
Nature and form of transaction
989
Sufficiency of transfer of possession to vendee
990
Nature source and sufficiency of consideration
991
Indebtedness and insolvency
993
Knowledge and participation of grantee
994
Existence of creditors Secrecy Preferences Withhold ing instrument from record
995
Instructions Province of court and jury
997
Form and sufficiency of instructions
999
Requests for instruction
1005
Verdict and findings generally
1006
Special interrogatories and findings by jury
1007
New trial
1009
CHAPTER XIX
1011
Judgement or decree Requisites and validity in general
1012
Conformity of judgment to pleadings
1017
Judgment under prayer for general relief
1018
Amount of recovery
1019
Setting aside conveyance
1020
Ordering sale of property
1021
Personal judgment
1023
Operation and effect
1025
Persons entitled to claim benefit
1026
Enforcement of judgment or decree
1027
Sales and conveyances under order of court
1028
Disposition of property and proceeds Subjection to claims of creditors
1030
Costs and attorneys fees
1032
Mortgages and other liens
1033
Liens and priorities of creditors
1035
Rights of grantee or purchaser as creditor
1036
Rights of creditors of grantee
1037
Application of payments to judgment or execution
1038
Discovery
1039
Injunction to restrain fraudulent conveyance by debtor
1041
Injunction to restrain disposition of property by fraudu lent grantee
1043
Injunction to restrain sale under fraudulent judgment or mortgage
1045
Violation of injunction and punishment
1046
Appeal and review
1050
What constitutes a fraudulent transfer
1055
CHAPTER XXI
1067
Important statutory definitions Insolvency
1073
Insolvency
1082
Transfer of property
1093
Third act of bankruptcy preference through legal pro ceedings Subs a 3
1094
Meaning of words
1096
Provision liberally construed
1097
Fourth act of bankruptcy a general assignment Subs a 4
1098
What is a general assignment
1099
What is not a general assignment
1100
Amendment of 1903 receiver or trustee in charge of prop erty
1101
Meaning of words precedents
1103
Fifth act of bankruptcy a confession of bankruptcy Subs a5
1104
Solvency and the first act of bankruptcy
1105
Solvency and the second and third act of bankruptcy
1106
Fraudulent transfer as objection to discharge Sec 14b4
1107
CHAPTER XXII
1109
Scope and meaning of section
1112
Claims void for want of record Subs a
1113
Unfiled chattel mortgages and contracts of conditional sale
1114
Subrogation of trustee to rights of creditor Subs b
1118
Valid liens in general Subs d
1119
Mechanics liens
1120
Landlords liens
1121
Other valid liens
1122
Fraudulent transfers Subs e
1125
Scope of subsection
1129
With intent to hinder delay or defraud
1130
Except purchasers in good faith and for a present fair consideration
1131
Transfers and incumbrances under State laws
1132
Miscellaneous invalid transfers or incumbrances
1134
Chattel mortgages
1135
Voluntary transfers
1138
General assignments for the benefit of creditors
1139
Practice
1140
Invalid liens by judgment and execution
1142
Invalid liens by attachment
1144
Invalid liens by creditors bill
1145
Suits to annul liens
1146
Saving clause
1147
CHAPTER XXIII
1148
What is a preference history and comparative legislation
1149
The present definition the elements of a preference Subs a
1150
Being insolvent
1152
Within four months
1153
Running of time where the evidence of transfer must or may be recorded
1154
Procured or suffered a judgment
1156
Made a transfer of his property
1157
Effect a greater percentage
1160
Creditors only may be preferred
1161
What preferences are voidable Subd b
1163
Reasonable cause to believe a preference intended
1164
Belief or knowledge of agent or attorney
1168
Recovery
1169
Property or its value damages costs
1171
Setoff of a subsequent credit Subs c
1172
Preference to bankrupts attorney Subs d
1174
CHAPTER XXIV
1175
Title to property statutory provision
1176
Scope of section
1177
When title vests Subs a
1178
Nature of trustees title in general
1179
Property transferred in fraud of creditors
1182
Effect of a general assignment
1184
Remainders and interests in trust
1186
Dower and curtesy rights
1188
Licenses franchises and personal privileges
1189
Life insurance policies
1190
Property sold to the bankrupt on condition
1192
Property affected by fraudulent representations
1194
Reclamation proceedings
1195
Rights of action
1198
Burdensome property
1199
Exempt property
1200
Exemptions in property fraudulently transferred or con cealed
1201
Transfers fraudulent under State laws may be avoided by trustee Subs e
1203
The saving clause
1205
The amendment of 1903
1206
Jurisdiction of courts generally
1207
Jurisdiction of the circuit courts Subs a
1208
Jurisdiction of the district courts Subs b
1210
Amendment of 1903
1211
Summary jurisdiction
1213
Effect on auxiliary remedies
1217
Jurisdiction of State courts
1220
Suits by and against bankrupt statutory provision
1222
Stays of suits begun after filing of petition
1224
Of suits or proceedings in rem
1226
To enforce a lien
1227
General assignments
1228
Of suits or proceedings in personam
1229
Practice
1230
Papers and procedure
1231
Duration of stays
1232
Continuance of suits Where bankrupt is defendant
1233
Where bankrupt is plaintiff
1234
Limitation on suits by trustee and when it begins to run
1235
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Página 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.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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.
Página 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...
Página 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...
Página 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...
Página 1151 - ... to obtain a greater percentage of his debt than any other creditor of the same class...

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