Cases On Equity Jurisprudence ... : Printed At the Request of Prof. H.B. Hutchins, Dean of the Law Department of the University of Michigan, for Use in Connection With His Lectures in That Law School ... : Chiefly Selected From Fetter's Cases On Equity Ju
The book Cases On Equity Jurisprudence ... : Printed At the Request of Prof. H.B. Hutchins, Dean of the Law Department of the University of Michigan, for Use in Connection With His Lectures in That Law School ... : Chiefly Selected From Fetter's Cases On Equity Ju was written by author Hutchins, Harry B. (Harry Burns), 1847-1930 Here you can read free online of Cases On Equity Jurisprudence ... : Printed At the Request of Prof. H.B. Hutchins, Dean of the Law Department of the University of Michigan, for Use in Connection With His Lectures in That Law School ... : Chiefly Selected From Fetter's Cases On Equity Ju book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is Cases On Equity Jurisprudence ... : Printed At the Request of Prof. H.B. Hutchins, Dean of the Law Department of the University of Michigan, for Use in Connection With His Lectures in That Law School ... : Chiefly Selected From Fetter's Cases On Equity Ju a good or bad book?
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It gives him a right to pursue the property in the hands of the fraudulent gran- tee, but he is not obliged to do so; and until he takes some decisive legal step evincing his purpose to do so no lien is created any more PROPERTY IN EQUITY— TRUSTS. 127 than would have been upon property fraudu- lently transferred by the debtor himself. The harmony and analogies of the law are better preserved by requiring all available legal remedies to be resorted to as a prelimi- nary requisite to an action fo...r the applica- tion of the trust property. It is difficult to perceive any distinction, or any reason for it, between the rights of creditors as to proper- ty fraudulently transferred by the debtor himself, and property paid for by him and transferred to a third person. Why should creditors have difEerent and superior rights to enforce their debts in the latter case to those enjoyed in the former? I can see no reason for any distinction, and I do not be- lieve the statute has created any. But in either case the commencement of an equi- table action is necessary to constitute a lien or charge, in any legal sense, upon the land.
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