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, Volumen2M. Bender, 1908 - 1302 páginas |
Dentro del libro
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Página 503
... transaction as between original parties ....... 630 2. Right to impeach or rescind transaction as fraudulent .. 3. Where parties are not in pari delicto .... 638 643 4. Mutual rights and liabilities . - Effect of transaction as to ...
... transaction as between original parties ....... 630 2. Right to impeach or rescind transaction as fraudulent .. 3. Where parties are not in pari delicto .... 638 643 4. Mutual rights and liabilities . - Effect of transaction as to ...
Página 508
... transaction in general . 4. Transactions between parties generally 5. Transactions between husband and wife . 6. Plaintiff's right to sue .. 7. Nature and value of property conveyed .. 8. Solvency or insolvency of grantor .. 9 ...
... transaction in general . 4. Transactions between parties generally 5. Transactions between husband and wife . 6. Plaintiff's right to sue .. 7. Nature and value of property conveyed .. 8. Solvency or insolvency of grantor .. 9 ...
Página 509
... transaction generally . 958 49. Transactions between relatives 50. Indebtedness and insolvency of grantor . 51. Consideration . . . 964 969 970 52. Intent of grantor to defraud creditors .. 53. Knowledge and intent of grantee or ...
... transaction generally . 958 49. Transactions between relatives 50. Indebtedness and insolvency of grantor . 51. Consideration . . . 964 969 970 52. Intent of grantor to defraud creditors .. 53. Knowledge and intent of grantee or ...
Página 516
... transaction ; publicity and notoriety . 33. Judicial and public sales . 34. Effect of knowledge or notice as to existing creditors . 35. Effect of knowledge or notice as to subsequent creditors . 36. Constructive notice and want of it ...
... transaction ; publicity and notoriety . 33. Judicial and public sales . 34. Effect of knowledge or notice as to existing creditors . 35. Effect of knowledge or notice as to subsequent creditors . 36. Constructive notice and want of it ...
Página 517
... transaction was a fair one and intended to pass the property for a good and valuable considera- tion , are questions for the jury , having regard to all the circum- stances of the transaction.3 The same rule is maintained in 1. See ...
... transaction was a fair one and intended to pass the property for a good and valuable considera- tion , are questions for the jury , having regard to all the circum- stances of the transaction.3 The same rule is maintained in 1. See ...
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Otras ediciones - Ver todas
A Treatise on Fraudulent Conveyances: And Creditors' Remedies at Law and in ... DeWitt C Moore Sin vista previa disponible - 2019 |
A Treatise on Fraudulent Conveyances: And Creditors' Remedies at Law and in ... Dewitt Clinton Moore Sin vista previa disponible - 2015 |
A Treatise on Fraudulent Conveyances: And Creditors' Remedies at Law and in ... Dewitt Clinton Moore Sin vista previa disponible - 2015 |
Términos y frases comunes
action aff'g alleged attachment Bank Barb bill bona fide purchaser Brown chap claim Clark Colo Conn consideration court of equity cred credi debt debtor deed defraud creditors defraud his creditors enforce erty execution fact fraud of creditors fraudulent conveyance fraudulent grantee fraudulent intent fraudulent transfer garnishment Grant Ch grantor grantor's creditors insolvent intent to defraud Iowa itors Jones judgment creditor judgment debtor jurisdictions L. J. Ch land levy lien Mass Minn Miss mortgage N. J. Eq N. Y. Supp Ohio St original grantor paid pari delicto parties payment preferred creditor prop property conveyed purpose remedy Rights and liabilities seller Smith statute subsequent suit Super supra Tenn third person transaction trust valid vendee vendor veyance void wife
Pasajes populares
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...