A Practical Treatise On the Law of Trusts

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E. Eq. 86. (a) See Crosley v. Archdeacon of (J) Chalon v. Webster, W. N. Sudbury, 3 Hagg. 201.
1873, p. 189. (6) In the Goods of Prothero, 3 L.
(A) In the Goods of Morant, 3 L. E. P. & D. 209.
E. P. & D. 151. (c) Farr o. Newman, 4 T. E. 621, 308 Ch. Xn. S. 2.] PEOPBETIES OF THE LfiGAL ESTATE. *225 received the proceeds would be accouutable as a trustee (c?), and the cestui- que trust may, upon seizure by the sheriff, es- tablish his equitable title at law upon an interpleader sum- mons (e).
On
...the other hand, if a person be the cestui que trust of an equitable chattel, the sheriff may take it in execution for the debt of the .cestui que trust ; and this is so even when the cestui que trust claims under an agreement for valuable con- sideration for the settlement of after-acquired property (/).
But such an agreement is a roving one and executory, and does not give the cestui que trust the privileges' of the specific purchaser until actual possession of the chattel under the agreement, and the interest of the cestui que trust may there- fore be defeated by a judgment creditor of the settlor, who takes out execution before actual possession by the cestui que trust (^).


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