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" That it seems to have been considered, in that case, that a communication, by the trustees, to creditors, of the fact of such a trust, would not defeat the power of revocation by the debtors.' It appears to me, however, that this doctrine is questionable... "
Reports of Cases Argued and Determined in the High Court of Chancery: During ... - Page 489
by Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - 1835
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A Treatise on the Law Relating to Composition with Creditors: With an ...

William Forsyth - Composition (Law) - 1841 - 264 pages
...John Leach, MR, in Acton v. Woodgate, 2 Myl. & K. 495, where he says, " In the case of Garrard v. Lord Lauderdale, it seems to have been considered that...claims, which they would not otherwise have exercised." "operates as a power to the trustees, which is revocable " by the debtor, and has the same effect as...
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A Treatise on the Law Relating to Composition with Creditors: With an ...

William Forsyth - Composition (Law) - 1844 - 296 pages
...In the case of Oarrard v. Lord " Lauderdale, it seems to have been considered that a communi" cation by the trustees to creditors of the fact of such a..." which they would not otherwise have exercised." (6) 2 Myl. & K. 495. Letter of It has, however, been laid down, that though a letter B orne^' of attorney...
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Reports of Cases in the Law of Real Property & Conveyancing, Volume 1

Conveyancing - 1846 - 660 pages
...Acton v. Woodgate (2 Myl. & Keen, 495), the Master of the Rolls says : " In the case of Garrard v. Lord Lauderdale, it seems to have been considered that...claims, which they would not otherwise have exercised." There must therefore be both a communication to the creditors, and an acquiescence on their part. In...
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A Practical Treatise on the Law Relating to the Specific Performance of ...

Edmund Chisholm-Batten - Contracts - 1849 - 472 pages
...a trust would not defeat the power of revocation by the debtor. It appears to me, however, that the doctrine is questionable, because the creditors being...claims, which they would not otherwise have exercised.' When I first read that case, I made this observation in the margin, ' that has always been my opinion...
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The Equitable Jurisdiction of the Court of Chancery: Comprising ..., Volume 2

George Spence - Equity - 1850 - 930 pages
...this doctrine was questionable as a general proposition, because the creditors, being aware of such trust, might be thereby induced to a forbearance in...claims which they would not otherwise have exercised (e). Negligence or delay in this, as in every other instance in which the Court of Chancery is called...
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Reports of Cases Decided in the High Court of Chancery: In 1850 ..., Volumes 1-2

Great Britain. Court of Chancery - Law reports, digests, etc - 1851 - 984 pages
...Master of the Rolls, in Acton v. Woodgate, says : ' That it seems to have been considered, in that case, that a communication, by the trustees, to creditors,...claims, which they would not otherwise have exercised. When I first read that case, I made this observation in the margin ; ' This has always been my opinion...
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Reports of Cases Decided in the High Court of Chancery: In 1850 ..., Volume 1

Great Britain. Court of Chancery, Nicholas Simons - Equity - 1851 - 664 pages
...this doctrine is questionable ; because the creditors, being aware of such a trust, might be, therebv, induced to a forbearance in respect of their claims, which they would not otherwise have exercised. When I first read that case, I made this observation in the margin ; ' This has always been my opinion...
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Reports of Cases Argued and Determined in the Supreme ..., Volume 1, Part 1

Alexander James - Law reports, digests, etc - 1855 - 490 pages
...would not defeat the power of revocation by the debtor. It appears to me, however, that this doetrine is questionable, because the creditors being aware...claims, which they would not otherwise have exercised." The communication to the creditor, which in Garrard v. Lauderdale seems to have been considered insufficient...
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Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ...

Alexander James - Law reports, digests, etc - 1855 - 488 pages
...appears to me, however, that this doctrine is questionable, because the creditors being aware of such n trust might be thereby induced to a forbearance in...claims, which they would not otherwise have exercised." The communication to the creditor, which in Garrard v. Lauderdale seems to have been considered insufficient...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Volume 5

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - Great Britain - 1856 - 1146 pages
...the power of revocation ; and he points out that such a communication might induce the creditors " to a forbearance in respect of their claims, which they would not otherwise have exercised." In Sugdens V. ยง- P. p. 929 (11th ed.), c. xxi. sect. 1, a. 16, 17, the law is thus stated. "A conveyance...
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