Ex parte George Birch Taylor Tryphena Taylor a Bankrupt
| Jurisdiction | England & Wales |
| Judgment Date | 03 November 1854 |
| Date | 03 November 1854 |
| Court | High Court of Chancery |
English Reports Citation: 43 E.R. 922
BEFORE THE LORDS JUSTICES.
[392] Ex parts george birch taylor. In the Matter of tryphena taylor, a Bankrupt. Before the Lords Justices. Nov. 3, 1854. Where an assignment of all a bankrupt's property required for his trade, as a security for an antecedent debt, has taken place more than twelve months before the petition for adjudication, semble, that it is material for the assignees to shew, for the purpose of avoiding the deed, that there still exists a debt which existed at the time of the execution of the assignment. This was an appeal from the decision of Mr. Commissioner Balguy, refusing to make the usual mortgagees' order upon a bill of sale executed by the bankrupt in favour of the Appellant. The bankrupt kept an inn at Derby, called the "Tiger." The bill of sale was dated the 27th of January 1851, and made between the bankrupt of the one part, and the Appellant of the other part. It recited that the bankrupt was indebted to the Appellant in 300 for money lent and advanced by the Appellant to the bankrupt, and that, being unable to pay the same, she had agreed to secure the repayment thereof, with interest, unto the Appellant by such mortgage of the personal estate and effects of the bankrupt as was thereinafter expressed. By the witnessing part, the bankrupt assigned to the Appellant, his executors, administrators and assigns, all and singular the household goods and furniture, plate, linen, and china, and other effects in and upon the premises called " The Tiger," and also all and every the brewing utensils, ale, porter, wines, spirits, licences, fixtures, goodwill and the full and free possession thereof, together with all and every other the personal estate and effects which then were, or which at any time during the continuance of the security should or might be, upon the said inn and premises, or in or upon any other premises which the bankrupt should or might occupy during the continuance of the security, with power immediately upon the execution of the deed, or at any time or [393] times thereafter to enter upon the premises, and to hold and enjoy the same, and at hia or their will and pleasure to take and carry away the said household goods and furniture, brewing utensils, goodwill, licences, and all other the chattels and effects as aforesaid, and to make sale of the same, either by public auction or private contract, and out...
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