Forms of Judgments And Orders in the High Court of Justice And Court of Appeal : Having Especial Reference to the Chancery Division, With Practical Notes
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; and see Thwndilce v. Hunt, 3 De G. & J. 563, 569 ; Case v. James, 7 Jur. N. S. 616, 618 n. ; Taylw v. London and County Bank, [1901] 2 Ch. 231, C. A. Money obtained by fraud cannot bo followed into the hands of persons who take it in satisfaction of a bond fide debt without notice : Northern Counties, &e. Ins. Co. v. WUpp, 26 Ch. D. 482, 495, C. A. ; but where the payment is made without any legal consideration, as for the purpose of stifling a prosecution, the money may be followed by a pers...on who is not a party to the illegal act : Exp. Wolverhampton Banking Co., 14 Q. B. D. 32. The right of a c. q. t. to follow trust funds is an equitable right which will take priority over any equitable interest subsequently created, e.g., that of a subsequent innocent mortgagee for value, who has not obtained the legal estate : Cave v. C, 15 Ch. D. 639 ; but see Re Ffrench's Estate, 21 L. R. Jr. 283, where the C. A. in Ireland thought that the right of a c. q. t. to follow trust money into land was an inferior equity to that of an innocent purchaser for value of an estate in the land.
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