This section is from the book "A Compendium Of The Law And Practice Of Vendors And Purchasers Of Real Estate", by J. Henry Dart. Also available from Amazon: A compendium of the law and practice of vendors and purchasers of real estate.
Assignees of Insolvent, not asserting their rights for nineteen years, yet not postponed in Equity.
Purchaser how far protected against vendor's assignees in Bankruptcy and Insolvency, or against his judg ment creditors.
(p) See Martinez v. Cooper, and Stevens v. Stevens, ubi supra.
(?) Cole v. Coles, 6 Ha. 517; affirmed on appeal, see p. 524.
(r) See sect. 133; and see 6 Geo. IV. c. 16, sect. 82.
(s) The validity of such payment, if made before the late Act came into operation, seems to depend upon the provisions of the 6 Geo. IV. c. 16; see Turquand v. Vanderplank, 10 M. & W. 180, 194; Sug. 952.
(t) Which repeals the 2 & 3 Vict. c. 29, and so much of the 2 & 3 Vict. c. 11, as relates to Bankruptcy; see Schedule A.
(u) Sects. 88 and 134.
(w) Sect. 233.
(x) Sect. 131. It was held in Gould v. Shoyer, 6 Bing. 738, that a similar provision in the 6 Geo. IV. c. 16 (see s. 87), did not protect a purchaser, under a commission which is afterwards superseded, from the claim of the assignees under a subsequent commission. (y) Sect. 155.
A conveyance to a creditor, for a valuable consideration sufficiently strong in itself to influence the debtor to make it, is not "voluntary" within the meaning of the Insolvent Acts, although the consideration consists in part of a pre-existing debt (c).
We have already taken a general view of the law relating to judgments, and have adverted to the 2 & 3 Vict. c. 11, which preserves to bond fide purchasers without notice (d), all those means of defence which were available before the passing of the 1 & 2 Vict. c. 110; and to the 3 & 4 Vict. c. 82, which, in effect, provides that notice (d) of an unregistered judgment shall not subject a purchaser to the extended remedies given to a creditor by the 1 & 2 Vict. c. 110. It may be further remarked, that an equitable incumbrancer or purchaser will, in Equity, be protected against a creditor under a subsequent judgment, although the latter may have acquired the legal seisin and possession of the land under an elegit without notice of the mortgage or purchase (e): but, as we have seen, the purchaser, after notice of the subsequent judgment, could not, without the consent of the creditor, safely pay to the vendor any part of the purchase-money which happened to remain unpaid.
(z) Sect. 158; and see 5 & 6 Vict. c. 122, ss. 24 and 25.
(a) Sect. 143; see 1 & 2 Will. IV. c. 56, s. 27.
(b) 1 & 2 Vict. c. 110, s. 46; 5 & 6 Vict. c. 116, s. 8.
(c) Margereson v. Saxton, 1 Y. & C. Ex. 525; see Stuckey v. Drewe, 2 M. & K. 190.
(d) Quaere, whether Palatinate judgments are within the Acts; supra, p. 240.
The 14 Geo. II. c. 20, and the 3 & 4 Will. IV. c. 74 (f), contain provisions for giving, in certain specified cases, validity to defective Fines and Recoveries, either generally, or as in favour of purchasers; and the 5 Vict. c. 32 (g), contains provisions for giving, in certain specified cases, validity to Fines and Recoveries levied and suffered in the now abolished Courts of Great Session in Wales; and of Session in Cheshire: and the 11 & 12 Vict. c. 70, supplies the want of Proclamations, as respects Fines levied at Westminster (h). And the 54 Geo. III. c. 173 (i), and the 57 Geo. III. c. 100 (k), contain provisions for confirming, in certain specified cases, defective titles to land tax. And by the 2 Vict. c. 11, purchasers are protected against future obligations to the Crown, and against any lis pendens, unless the same respectively are registered as directed by the Act.
 
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