Treatise on Chattel MortgagesCockcroft, 1878 - 666 sider |
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absolute action after-acquired property Allen amount applied assignment Bank bankrupt Barb bill of sale bona fide breach of condition Brown change of possession chattel mortgage chose in action claim Clark common law Conn contract conveyance court of equity creditors Cush debtor default discharge doctrine effect enforce entitled equity of redemption erty evidence execution filed foreclose foreclosure fraud fraudulent fraudulent conveyances gage gagor Gray held hypothecation indorser insolvent instrument interest Iowa Johns Johnson Jones lex loci contractus liable lien ment Miller mort mortgage debt mortgaged property mortgagee's mortgagor mortgagor's right notice obtain Ohio owner Paige parties payment Penn personal property pledge principle prop purchaser question real estate recorded regard registration remedy right of redemption Robinson rolling stock rule sell Smith sold statute subsequent surety take possession tion transaction valid vessel void Wend Wilson
Populære avsnitt
Side 304 - By this statute it was provided " that no bill of sale, mortgage, hypothecation, or conveyance of any vessel or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof ; unless such hill of sale, mortgage, hypothecation, or conveyance be recorded in the office of the collector of the customs where such vessel is registered or enrolled.
Side 265 - ... and if any person being insolvent, or in contemplation of insolvency or bankruptcy, within six months before the filing of the petition by or against him, makes any payment, sale, assignment, transfer, conveyance, or other disposition of any part of his property to any person who then has reasonable cause to believe him to be insolvent, or to be acting in contemplation of insolvency, and that such...
Side 263 - ... procure his property to be taken on legal process, with intent to give a preference to one or more of his creditors...
Side 305 - ... a certificate setting forth the names of the owners of any vessel, the interest held by each owner, and the material facts as to any...
Side 266 - ... made with a view to prevent his property from coming to his assignee in bankruptcy, or to prevent the same from being distributed under this act...
Side 269 - The question is whether the debtor or trader is able to pay his debts in the ordinary course, as persons carrying on trade there usually do. Hence it may be, and undoubtedly is, true that insolvency in commercial centers is not insolvency in small country towns.
Side 265 - L. 534, chap. 176), which provides "that, if any person, being insolvent, or in contemplation of insolvency, within four months before the filing of the petition by or against him, with a view to give a preference to any creditor or person having a claim against him, or who is under any liability for him, procures any part of his property to be attached, sequestered, or seized on execution, or makes any payment, pledge, assignment.
Side 265 - ... the assignee may recover the property, or the value thereof, as assets of the bankrupt.
Side 6 - The true criterion of a fixture is the united application of these requisites: (1) Actual annexation to the realty, or something appurtenant thereto ; (2) application to the use or purpose to which that part of the realty with which it is connected is appropriated ; and (3) the intention of the party making the annexation to make a permanent accession to the freehold.
Side 266 - And if such sale, assignment, transfer, or conveyance is not made in the usual and ordinary course of business of the debtor, the fact shall be prima facie evidence of fraud.